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)
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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.
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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
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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.
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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
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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
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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
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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
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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
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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):
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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
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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.
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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