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HomeMy WebLinkAbout03-02-20 City Commission Meeting MinutesPage 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 02, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A. 05:00:30 PM (00:26:13) Call to Order – 5:00 PM - Commission Room, City Hall, 121 North Rouse B. 05:00:48 PM (00:26:30) Pledge of Allegiance and a Moment of Silence C. 05:01:43 PM (00:27:26) Changes to the Agenda D. 05:02:24 PM (00:28:06) FYI CM Pomeroy provided a liaison report from Board of Health on Coronavirus. Mayor Mehl provided an update on the PCC meeting tomorrow at the County Courthouse. He also provided an update on the upcoming early start meeting in Executive Session to determine finalist. E. 05:05:18 PM (00:31:01) Commission Disclosures There were no disclosures. F. 05:05:20 PM (00:31:03) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 2 of 14 2. Authorize the Interim City Manager to Sign a Public Use Easement and Right-of-way Documents with 414 Holdings, LLC for Improvements to West Babcock Street Between 15th and 19th Avenues (CIP Project SIF118) (Kohtz) 3. Authorize the Interim City Manager to Sign Amendment Number 1 to the City Street Light Evaluation Professional Services Agreement with Clanton and Associates to Facilitate Improvements to City Street Lights (Gamradt) 4. Resolution 5151, Supporting the Application to the Big Sky Economic Development Trust Fund Program, Administered by the Montana Department of Commerce, on Behalf of MeatEater, Inc (Fontenot) 5. Authorize the Interim City Manager to Sign a Release and Reconveyance of Easements with Revesco (USA) Properties of Bozeman, LP Vacating a Water Pipeline and Access Easement and Agreement for the Gallatin Center Lot 12 Project (Nielsen) 6. Authorize the Interim City Manager to Sign a City of Bozeman Conditional Irrevocable Offer of Dedication with Straightaway Bozeman Investors, LLC for Infrastructure Improvements for the AC Hotel Project (19078) on the Northeast Corner of Mendenhall Street and Tracy Avenue (Nielsen) 05:05:21 PM (00:31:04) City Manager Introduction ICM Taylor provided the highlights of the consent agenda. 05:06:02 PM (00:31:45) Public Comment There were no public comments on the Consent Agenda. 05:06:13 PM (00:31:56) Motion and Vote I move to approve Consent Items 1-6 as submitted. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve G. 05:06:40 PM (00:32:23) Public Comment Mayor Mehl opened general public comments. DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 3 of 14 05:08:39 PM (00:34:21) John Kauffman, Public Comment Mr. Kauffman represents downtown business owners and comments on the AC Hotel proposal providing no new parking spaces. Mr. Kauffman presented a timeline of events related to parking applications for the AC Hotel. 05:12:34 PM (00:38:16) Susan Riggs, Public Comment Ms. Riggs offered comment in favor of the Downtown Parking Management Zone and Parking Benefit Zones. She urged the Commission to ensure that excess revenues remain in the zones. H. 05:13:55 PM (00:39:37) Special Presentation 1. 05:14:04 PM (00:39:47) Gallatin College (Gray) Dean Stephanie Gray, and Rebecca Kriegel presented an overview of the College’s 10 year history. Ms. Gray highlighted job placement rates and the benefits to the community. She highlighted student enrollment, dual enrollment, and workforce students. She highlighted the locations, workforce programs, current and future activities. Ms. Kriegel detailed her experiences with Gallatin College and how it has benefited her personally and set her up for future professional success. 05:21:33 PM (00:47:16) Questions of Presenters I. 05:29:34 PM (00:55:17) Action Items 1. 05:29:42 PM (00:55:25) Provisional Adoption of Ordinance 2033 Establishing a Downtown Parking Management District (DPMD) and Parking Benefit Zones (PBZ) and Authorizing the Bozeman Parking Commission to Create, Dissolve, and Operate Parking Benefits Zones Within the Downtown Parking Management District and Parking Benefit District: Staff Responses to City Commission from the February 3, 2020, City Commission Meeting (Meece) 05:30:26 PM (00:56:08) Staff Presentation Parking Manager Ed Meece, Economic Development Director Brit Fontenot, and Urban Renewal Project Manager David Fine presented the staff modifications responsive to the City Commission and public comments during the initial presentation before the Commission on February 3, 2020. Mr. Meece highlighted an overview of the Downtown Parking Management District, Parking Benefit Zones, and changes from the initial presentation of the Ordinance. 05:36:09 PM (01:01:52) Questions of Staff DM Andrus stated she had no new questions. Cr. Wallner stated he had no new questions. Cr. Pomeroy stated she had no new questions. Cr. Cunningham asked for clarification on the proposed changes deleting time restrictions from the DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 4 of 14 Ordinance. He asked for clarification on the proposed changes from permitting drivers to dwellings. He asked for clarification on the boundaries of the current B-3 district and the proposed boundaries of the DPMD. He asked for clarification on the proposal as it relates to apartments. Mayor Mehl asked about the procedural steps and difference between the DPMD and a PBZ. He asked about the process for creating a PBZ. He asked about the differences in noticing periods between the Ordinance the Parking Commission (PC) draft Resolution. He asked about the City initiated process and the protest of the PC decision. Cr. Cunningham asked for clarification on the trigger for a proposed PBZ. He asked about the data collection ability to judge why a vehicle is parked in a proposed PBZ. He asked about current data for parking demands. Mayor Mehl asked about a comparison with the High School and MSU Parking Districts process for modifications. He asked if the City has the tools in place to enforce a PBZ. He asked about how visitors will be handled. He asked about future potential apartment developments. He asked about the exclusion of mixed use buildings. He asked about how the parking management areas around the High School and MSU operate. He asked about the fees’ use in enforcement of the PBZ. DM Andrus asked for clarification for the calculation of the 85% threshold. She asked about public comments that state there is not a parking problem in the DPMD. Cr. Wallner asked about which other communities that are using PBZs. He asked if it was feasible to charge for commuter passes only and not charge for resident permits. Cr. Cunningham asked if by creating the DPMD is inviting people to park in the District. He asked about a commuter lot as identified in the Downtown Plan. Mayor Mehl asked if there would be a demand for a commuter option if they could park for free. DM Andrus asked if the City Commission could grant the authority for the PC to actively manage all parking in the City. 06:19:37 PM (01:45:20) Public Comment The Mayor reopened Public Comment. 06:20:20 PM (01:46:03) Mike Hope, Public Comment Mr. Hope stated that parking is a good problem to have. He stated that it is a misnomer to claim the parking is free; it is already paid for through property taxes. He stated the parking policy is broken and that it should be addressed before creating districts. He compared it to the big box task force that previously existed and suggested a similar group to define a parking policy. 06:23:44 PM (01:49:27) Christopher Hites, Public Comment Mr. Hites opposed the proposal to limit of permits to two per dwelling. 06:25:55 PM (01:51:37) Kelly Pohl, Public Comment Ms. Pohl supports the Ordinance and staff’s amendments. She believes this will be another tool help manage parking. She supports the grant of authority of the PC to create hours. She stated this tool would help prioritize resident parking and help mitigate spill over parking. DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 5 of 14 06:27:32 PM (01:53:15) Bee Bowman, Public Comment Ms. Bowman opposed the creation of PBZs with the question of benefit for whom. She stated these zones will disproportionally affect renters and lower-middle class citizens. 06:28:54 PM (01:54:37) Mayor Comments Mayor Mehl commented on the decorum of the audience. 06:29:11 PM (01:54:54) Sue Sensor, Public Comment Ms. Sensor commented on the open-ended hours in the proposed Ordinance, holidays, and the number of visitor passes people will be entitled to. 06:30:48 PM (01:56:31) Zack Keskinan, Public Comment Mr. Keskinan commented about the 2017 Downtown Parking study and asked why the necessity to create a district given the findings of that study that found it nearly never reach the 85% threshold. 06:31:41 PM (01:57:24) Betsy Hopper, Public Comment Ms. Hopper spoke on behalf of herself and Hannah Marshall, in opposition to the Ordinance and its limits restricting permits per building as disproportionately affect lower income. She stated that this Ordinance will target lower cost buildings that do not provide their own garage. She asked about the 85% threshold and when those thresholds are calculated. She asked for additional interaction with multimodal transportation. 06:34:38 PM (02:00:21) Jacob Hardigree, Public Comment Mr. Hardigree spoke on behalf of his employees at Open Range that cannot afford to live in the district. He stated more financial hurdles in front of working people, the less working people downtown will have, and downtown will suffer. 06:35:25 PM (02:01:08) Greta Hitner, Public Comment Ms. Hitner spoke about the proposal to protect parking on her street. She stated she did not hear an option for residents to have a voice in the process of creating a PBZ. 06:36:27 PM (02:02:10) Stuart Mitchell, Public Comment Mr. Mitchell spoke on decorum questions and the frustration of citizens with previous Commissions. He stated that if it benefited residents in the R-2 district adjoining the B-3 district more people would be in support of it. He stated that as it is proposed the residents are paying for the parking for developers’ projects that have insufficient parking. He highlighted recent projects and provided his recommendation to eliminate the option for B-3 residents to purchase a permit in the neighborhood. 06:40:29 PM (02:06:12) Mayor Comments Mayor Mehl commented on the decorum requirements of the audience. 06:41:44 PM (02:07:27) Bill Mulkell, Public Comment DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 6 of 14 Mr. Mulkell commented on the pattern of supporting incoming developers creating this problem. He wants to keep the authority with the City Commission. He spoke of the cascading effect of PBZs pushing parking and the lack of off-street parking for some neighbors. He asked about enforcement and difficulty finding parking near his residence. 06:44:59 PM (02:10:42) Jordan Duke, Public Comment Mr. Duke opposes the two permit restriction as him and his roommates could not afford a commuter pass. He stated it is unfair the parking problem is becoming his to pay for. 06:45:55 PM (02:11:38) Ashley Ogle, Public Comment Ms. Ogle commented that the problems lie with the parking garage and the other assets in the core. She stated that she would like to see the core assets managed better to relieve overflow. She stated she would like to see additional parking in the core. 06:48:00 PM (02:13:43) Jerry Pape, Public Comment Mr. Pape commented on the history of parking management. He stated the Board needs constituent recognition training. He stated that a very few number of people appear to benefiting. He stated that we need to build additional parking structures. 06:51:14 PM (02:16:57) Kevin Bernard, Public Comment Mr. Bernard stated that residents and commuters pay to park in the spaces they are currently parking in. He stated that nothing will change in relation to parking. He stated that the Ordinance will create additional burdens for residents. He stated that this is about money and that parking will still be hard to find. He stated this will be a tax for a problem that the residents did not cause. He proposed being taxed directly. He offered a proposal of two-hour permit from 9 – 5 and residents should be exempt. He stated the added inconvenience of managing visitor permits. 06:54:36 PM (02:20:19) Evan Center, Public Comment Ms. Center stated gathering license plates of clients may be a HIPAA violation. She outlined the process andthe difficulty in developing their house to comply with downtown parking requirements. She commented on the burden of managing her Air BnB. She commented on the previous payments for parking in the downtown. 06:57:17 PM (02:23:00) Shane Lutey, Public Comment Mr. Lutey stated he does not feel he has a voice in this town. He commented on the swarms of traffic circling his block to park to go to Dave’s Sushi. He commented on the Merin Building and how he opposed it to no effect. He said he will not be able to park in front of his house no matter what the City attempts to manage parking. He does not see how this Ordinance will help 07:00:28 PM (02:26:11) Erin, Public Comment She commented on the increase in rents due to outside of development. She said that she thinks this measure adds insult to injury and indicates an interest in outside development over working class DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 7 of 14 families. 07:01:18 PM (02:27:01) Emily Talago, Public Comment Ms. Talago commented that mid-town residents formally created a neighborhood council and has participated in her first INC meeting. She advocated additional outreach to increase participation. She advocated meeting people where they are at. She spoke to the moratorium of large retailers during the era of the Big Box Task Force as precedent. 07:04:32 PM (02:30:15) Mark Bosabrook, Public Comment Mr. Bosabrook stated he is not sure if he will be in the district but he will be affected by it. He commented on the additional parking concerns created by Longfellow Elementary, Music on Main, Sweet Pea, and Farmer’s Market. He commented that a better effort would be to work on a new parking structure to create more spaces downtown. 07:05:43 PM (02:31:26) David Losoff, Public Comment Mr. Losoff commented on inadequate supply of spaces as the symptom and not the cause. He commented on approval of developments that do not provide adequate parking. He commented on transferability of permits and that is exactly what is occurring in the parking garage. 07:09:00 PM (02:34:43) Brian Gallik, Public Comment Mr. Gallik represents a number of downtown business owners. He stated that he cannot speak any better than the previous speakers. He commented on the application of the AC Hotel and its zero parking spaces approved by the Community Development Director. He commented on the delegation of authority to unelected officials without designated standards that are not accountable to the residents. 07:12:47 PM (02:38:30) Emma Bode, Public Comment Ms. Bode commented on her efforts for sustainability. She said that a lot of commuters are doing so due to a lack of options. She advocated for multimodal transportation. She wondered if fees from parking could go towards a rapid transit system. 07:14:50 PM (02:40:32) Dale Pickard, Public Comment Mr. Pickard commented on the origins of this ideology from outside of the community. He said the reason that people feel they are not being listened to because they are not. He spoke to the idea of developers and off-street parking as a method to increase the parking bureaucracy. 07:18:04 PM (02:43:47) Brian Leeland, Public Comment Mr. Leeland stated he attended the last Parking Commission meeting and reported on a consultant from Seattle’s opinion that parking districts do not pay for themselves. He commented on the ticketing not going to the financing of the district. He stated his opinion that it works as a cash cow for the City and does not benefit the residents. He said parking permits are onerous on the residents. 07:20:12 PM (02:45:55) Laura Dalton, Public Comment DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 8 of 14 Ms. Dalton said she came to get more information on the topic. She said we have a severe parking problem coming and this proposal is a solution to a different problem. She said that we lack the infrastructure to deal with the amount of development we are facing. She said the problem can be solved through adding more parking and increasing public transportation rather than this approach that merely pushes the problem down the road. 07:22:58 PM (02:48:41) Joshua Cates, Public Comment Mr. Cates stated he lives and works downtown so parking is not an issue for him; it is a problem for people he works with. 07:24:41 PM (02:50:24) Doug Wales, Public Comment Mr. Wales commented on the effect of full parking limiting the flow of traffic during the winter on our roads like Lamme Street. He commented on the additional parking pressure from large developments. He commented on the need to address the one-way streets downtown. He said entering license plates into the system is disturbing. 07:26:36 PM (02:52:19) Glenn Close, Public Comment Ms. Close commented that communities often listen to the money. She said she longs for leaders that think of communities before development. Not just listen but honor and make decisions that will keep the neighborhoods special. 07:28:54 PM (02:54:37) Recess Mayor Mehl called the meeting into recess until 7:40 07:41:25 PM (03:07:08) Call to Order Mayor Mehl called the meeting back to order. 07:42:12 PM (03:07:54) Response of Staff Mr. Meece responded to public comments. He stated that the parking garage permit system is oversold as is industry practice; we do not currently have a waitlist for the garage permits. During his time the data has shown that the garage has only been full on a few occasions during large events. 07:43:45 PM (03:09:27) Questions of Staff Mayor Mehl asked about when the 85% data will be collected. He asked about handicapped parking and the potential of exemptions. He asked about the use of money from fines. DM Andrus asked about permitting buildings to be built with no provided parking. She asked for clarification on the Code’s requirement for on-site provision of parking. 07:49:48 PM (03:15:31) Meeting suspended Mayor Mehl suspended the meeting due to outbursts from the audience. 07:56:03 PM (03:21:46) Return to Order DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 9 of 14 Mayor Mehl called the meeting back to order 07:56:26 PM (03:22:09) Motion I move to provisionally adopt Ordinance 2033 establishing a Downtown Parking Management District and Parking Benefit Zones, and authorize the Bozeman Parking Commission to create, modify, dissolve, and operate Parking Benefit Zones within the Downtown Parking Management District. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd 07:56:54 PM (03:22:36)Discussion Cr. Cunningham provided a draft amendment to the motion to provide a 60% protest threshold of the total properties within a proposed PBZ. The protest process includes a mailing to property owners, a timetable for the protest period, and a timeframe that the creation, dissolution, or modification will be prohibited as a result of the protest. 08:00:38 PM (03:26:21) Clarification on the Amendment 08:05:29 PM (03:31:12) Move to amend Ordinance 2033 to include a protest provision as indicated. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:06:03 PM (03:31:46) Discussion Cr. Cunningham stated his amendment is an attempt to remove excess uncertainty from the proposed Ordinance. DM Andrus stated her support for the amendment. She spoke on the past practices of the Parking Commission and that this amendment gives voice to the neighborhood. Cr. Pomeroy stated she will not support the amendment. Mayor Mehl stated he will support the amendment for the extension of notice and providing recourse to the public. 08:11:38 PM (03:37:21) Vote on the Motion to amend Ord 2033 to include a protest provision as indicated. The amendment passed 3-2. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 10 of 14 Commissioner - Michael Wallner: Disapprove 08:11:48 PM (03:37:31) Discussion on the Original Motion Continued DM Andrus spoke to the public comments about not feeling heard. She spoke to the representation of the community on the Parking Commission. She spoke to the authority and history of the Parking Commission. She spoke on the need for better communication related to the PBZs. She spoke to the origin of the Downtown Parking Management District and PBZs for the City. She spoke to developments and their requirements to meet the Code. She spoke on parking as an asset with a value. She spoke to the role of Downtown Parking Management District as part of a larger system. She spoke to the priorities within BPZs. She spoke of the District in comparison to the residential permit districts. She spoke to the concerns of the public commenters and the nature of shared parking as a community asset. Cr. Wallner spoke to his obligations in determining policies for the community. He will not support the Ordinance because it passes the issue down the road. He said this is another fee on citizens that are already struggling financially. He spoke to the complexity of parking as a policy issue. He stated his opinion that the policy was created to benefit residents. Cr. Pomeroy stated that she did not think this Ordinance is the solution. She stated that making it harder to park is not the solution. She spoke to the financial burdens of City residents. Cr. Cunningham spoke to the input from the community. He spoke to the difficulties associated with growth. He spoke of parking as a resource of increasing scarcity. He spoke to the need for the amendment to return the voice of the resident to the decision. He spoke to the Parking Management Plan as a series of solutions and that this Ordinance is not the silver bullet. Mayor Mehl spoke to the community input. He spoke to the process that created the Downtown Strategic Plan for Downtown and the Downtown Strategic Plan that informed the creation of this policy. He stated his support of the Ordinance as a tool to help manage future concerns. He spoke to the benefits of BPZs and the utilization of fees and fines. 08:57:30 PM (04:23:13) Vote on the motion I move to provisionally adopt Ordinance 2033 establishing a Downtown Parking Management District and Parking Benefit Zones, and authorize the Bozeman Parking Commission to create, modify, dissolve, and operate Parking Benefit Zones within the Downtown Parking Management District. The motion passed 3-2. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 2. 08:57:57 PM (04:23:40) Application 19418, The Ellen Theater Signage Certificate of Appropriateness and Deviation Application to Allow for a Zoning Deviation for Exterior Signage, Specifically Cited from the Following Sections of the Bozeman Municipal Code (BMC): DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 11 of 14 Section 38.560.060.A to Allow a Projecting Sign to be Greater than 12 Square Feet in Size (Quasi-judicial) (Garber) 08:58:45 PM (04:24:27) Presentation of Staff Planner Daniel Garber presented the application and staff report with one correction. She provided an overview of the property, the application, the applicable Code, the history of previously approved application, the current proposed deviation, previous iterations of a similar sign in multiple time periods, and the review criteria. She outlined the process, input from the community, and staff’s recommendation. She provided three alternatives for the Commission and conditions of approval. 09:12:27 PM (04:38:09) Questions of Staff Cr. Pomeroy asked for the difference between this application and that of the Rialto. She asked for clarification on the staff recommendation. Cr. Cunningham asked for clarification on what was previously approved and what is currently requested. He asked for clarification about the maximum sign size for the building. He asked for clarification on the historical period requirement and applicable criteria. DM Andrus asked what the applicant would need to do for approval. Mayor Mehl asked if this application would be deficient in other areas of town. He asked for staff’s perspective on what changed the design. He asked about the applicable criteria for the overlay district that the application did meet. He asked about the size of the sign. He asked about compatibility with historical features of the building. He asked about the potential light trespass. 09:29:39 PM (04:55:22) Presentation of Applicant Executive Director John Luden and Ole Nelson presented the history of the Ellen Theatre through a series of historic photos. He highlighted the changes through history and variations in the signage styles and size. Mr. Nelson spoke to the process that brought about the reapplication and redesign of the sign. He stated his disagreements with staff’s findings highlighting the modifications required for the similar application of the Rialto. Mr. Luden spoke to his opinion on the differences from the original application. Mr. Nelson spoke to the intent of signage even with a change literal presentation. 09:42:09 PM (05:07:51) Questions of Applicant Cr. Pomeroy asked if the applicant thinks the new sign is compatible with their neighbor. Cr. Cunningham asked about the previously approved application’s design. He asked about adjustments to the previously approved application from historic photos. He asked about the size of the reader board. He asked for the applicant’s argument for historic appropriateness. DM Andrus asked the purpose of the blade sign. She asked why not adjust the application to meet the requirements. She asked about projecting the blade sign above the reader board. She asked if people could not identify the Ellen as theatre. 09:53:34 PM (05:19:17) Meeting extended Mayor Mehl extended the meeting until 10:15 DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 12 of 14 09:53:39 PM (05:19:22) Public Comment Mayor Mehl opened this item for public comment. 09:53:52 PM (05:19:35) Gary Bates, Public Comment Mr. Bates commented on his work experience highlighting the National Parks and the historic structures. He spoke to the need of changing historic sites, structures, and buildings to meet modern code requirements. He stated his concern that historic preservation started too late. He commented on the ability to update historic buildings. 09:59:10 PM (05:24:53) Tom Stonecipher, Public Comment Mr. Stonecipher stated his appreciation of staff applying standards as outlined. He stated his opinion that the staff recommendation is a too narrow reading of the applicable criteria. He highlighted comments of the Secretary of Interior that supports the application. He stated this application enriches the history of the Ellen Theatre. 10:01:51 PM (05:27:34) Vito Quattro, Public Comment Mr. Quattro spoke to the exceptional efforts of Mr. Luden in his restoration of the Ellen Theatre. He said that the deviation would be an asset to the community. 10:03:18 PM (05:29:01) Clarification of Staff 10:03:57 PM (05:29:40) Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find that application 19418 meets the criteria required for approval and move to approve the Ellen Theatre signage application for deviation request from Section 38.560.060.A of Bozeman Municipal code to allow for a projecting sign to be greater than 12 square feet in size, as shown within the application materials. Commissioner - Michael Wallner: Motion Commissioner - I-Ho Pomeroy: 2nd 10:04:25 PM (05:30:08) Discussion Mayor Mehl asked if Cr. Wallner intended to incorporate the conditions of approval. 10:05:09 PM (05:30:52) Request for Clarification from Staff Mayor Mehl asked for a clarification on an additional potential condition of approval. 10:05:32 PM (05:31:15) Request for Clarification from Applicant Mayor Mehl asked the applicant if they are okay with the conditions. 10:07:21 PM (05:33:04) Commission Clarification DM Andrus asked for clarification on the motion. DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 13 of 14 Mayor Mehl asked about the addition of conditions to the motion. 10:08:35 PM (05:34:18) Discussion on the motion resumes Cr. Wallner makes findings in support of the application. Cr. Pomeroy agrees with Cr. Wallner and disagrees with staff’s findings. 10:10:19 PM (05:36:02) Meeting Extended Mayor Mehl extended the meeting until 10:30pm. 10:10:34 PM (05:36:16) Discussion Continued Cr. Cunningham said he was moved by the public comments and the applicant’s presentation to the importance of the blade sign making it more historic and therefore appropriate. DM Andrus said she will not be supporting the motion and agrees with the staff’s findings of mixed periods of history. Mayor Mehl stated the process of this application to supersede the previous application. He stated his disagreement with the “more historically appropriate” standard. He spoke to future steps through the sign permitting process. Mayor Mehl offered his findings with regard to the review criteria. 10:20:41 PM (05:46:23) Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find that application 19418 meets the criteria required for approval and move to approve the Ellen Theatre signage application for deviation request from Section 38.560.060.A of Bozeman Municipal code to allow for a projecting sign to be greater than 12 square feet in size, as shown within the application materials. The motion passed 4-1. Commissioner - Michael Wallner: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 3. 10:20:58 PM (05:46:40) Appointments to the Midtown Urban Renewal Board (MURB) (Maas) 10:21:05 PM (05:46:48) Public Comment There were no public comments. 10:21:24 PM (05:47:07) Motion I move to appoint Valerie Wyman to a voting position appointed by the Mayor for the remainder of the term expiring January 31, 2022, and to reappoint Susan Fraser to a voting position appointed by the Mayor, term expiring January 31, 2024, on the Midtown Urban Renewal DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting, March 2, 2020 Page 14 of 14 Board. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve J. 10:22:27 PM (05:48:10) FYI/Discussion K. 10:22:47 PM (05:48:30) Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 28, 2021 DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F