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HomeMy WebLinkAbout08 04 2008_June 5, 2008 Policy Meeting Minutes1    LINKED MINUTES OF THE POLICY MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 5, 2008 ***************************** The Commission of the City of Bozeman met in the City Commission Room at City Hall, 411 East Main Street, on Thursday, June 5, 2008 from 12-1:30 p.m. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Assistant City Attorney Tim Cooper, and Deputy City Clerk Cynthia Jordan Delaney. 0:24:26 A. Call to Order - Noon - 1:30 p.m. - City Commission Meeting Room, City Hall, 411 East Main Mayor Jacobson called the meeting to order at 12:13 p.m. 0:24:28 B. Pledge of Allegiance and a Moment of Silence 0:25:02 C. Public Comment Mayor Jacobson opened and closed public comment. No person commented. 0:25:23 D. Round Table Discussion (Identifying potential future agenda items arising from the prior City Commission Meetings) 0:25:43 E. Policy Discussion 0:25:47 1. Gaming Ordinance Discussion (Cooper) 0:26:30 Cr. Becker arrived. Cr. Becker entered the meeting. 0:26:30 Tim Cooper, Assistant City Attorney Mr. Cooper referenced the memorandum that he prepared for this meeting. He discussed the definition of casino, the number of machines, the Commission's authority, and the casino overlay district. 0:32:08 Cr. Krauss Cr. Krauss would be fine with grandfathering in everybody that exists in town now to 20 machines. Instead of cutting back to five machines, define a casino or a gambling establishment as one that has more than one card table or one or more gambling machine on the premises. This is our zoning, where you can have gambling. We have casino overlay districts. Leave the number of machines up to the state. 0:36:03 Mayor Jacobson Mayor Jacobson stated that she likes Cr. Krauss' proposal. 4 Bozeman City Commission Policy Meeting, June 5, 2008 0:36:08 Cr. Bryson Cr. Bryson stated that he generally likes it too. 0:42:15 Cr. Becker Cr. Becker suggested 15 machines or state law, whichever is less. 0:54:30 Cr. Rupp Cr. Rupp stated that his first concern is that there is a real area or casino overlay district so they have a chance to go there. He is troubled by going from 14 to 20 machines. The precedent set is that we can be less than the state of Montana. Why wouldn't we just lower it to five at all new establishments throughout the City? 0:56:06 Cr. Krauss It's not the number of machines; it's the number of establishments. We haven't done a good job of limiting the number of establishments. 0:59:38 Cr. Krauss Cr. Krauss agreed that there is no difference between 14 and 20 machines. We're seeing a proliferation of these 14 unit ones. Say 20 or zero. 1:04:29 Cr. Bryson Cr. Bryson would like to see staff address an ordinance change that includes up to 20 outside of those grandfathered in districts but prohibits specifically any gaming/gambling activity outside of what we already have established as M-1 or M-2 or a floating overlay district. Put it on the agenda and see what happens. 1:04:52 Cr. Krauss Cr. Krauss wanted to frame it this way: we would define a casino and change the definition of casino to be as one or more gaming machines or one or more card tables, or where receives income from gambling, whatever the Legal Dept. comes up with. We're not banning gambling. 1:05:36 Crs. Rupp and Krauss Crs. Rupp and Krauss want to see a map to see where or sort of where a district would go, where it's available to propose one. 1:06:29 Cr. Rupp Cr. Rupp stated that he is okay with what is being suggested. He asked about limiting signs even further if we offer this up. 1:06:44 Mr. Saunders Mr. Saunders stated that the place where the Commission would have the opportunity to look at signs is during their deliberations: ‘You were approved at 14 machines. If you want to go to 20 machines, you need a CUP in order to expand. By our current sign ordinance, when you do a CUP, you need to bring your signage into conformance.’ The applicant would make a personal choice: to have six more machines or a bigger sign. It's already built into the ordinance. 2    5 Bozeman City Commission Policy Meeting, June 5, 2008 1:07:27 Mayor Jacobson Mayor Jacobson gave a citizen the chance to offer a public comment to the Commission. 1:07:35 Karen Walsh - Public Comment Karen Walsh, of 921 S Willson Avenue, is here as a concerned citizen. She suggested anything the Commission can do to separate the full liquor license and gambling license the better. New restaurants coming in and applying for cabaret licenses should be incentivized not to have gambling through a fee structure. Any loopholes that can be created for new restaurants without gambling should be encouraged. A new casino seems too easy to do. 1:14:02 Mr. Epple Mr. Epple verified what he had heard from the Commission with five thumbs up: it would take a conditional use permit to change from 14 to 20 machines. The Commission agreed. 1:14:11 Cr. Krauss Cr. Krauss added, "and to have the signage in compliance, to specifically address the signage." 1:14:17 Cr. Rupp Cr. Rupp added "that cabaret and those licenses are separated." Cr. Krauss agreed. 1:14:23 Mr. Epple Mr. Epple stated that they could write in the standard that if signage is brought into compliance then you can go to 20 machines and wouldn't need a CUP for that. 1:14:49 Cr. Krauss Cr. Krauss agreed that he is fine if it is done administratively. 1:15:57 Mr. Cooper Mr. Cooper stated that the main interest of the gaming association is having the ability to utilize their license fully to get to 20 machines. We have to plan out these changes. We're getting more into numbers than we are now. He wonders whether the establishments will need our involvement to move from 15 to 20 machines because they will automatically become casinos, and they won't have that limit anymore. 1:19:02 Cr. Bryson Cr. Bryson wants to get the City out of regulating gaming. He wants to have a public meeting with input and come up with a solution that is palatable. 1:19:31 Cr. Krauss Cr. Krauss stated that if he had to give up on bringing their signs into compliance he would give it up to try to get this done in a legal way that is less challenge-able. 1:19:42 Mr. Cooper Mr. Cooper asked the Commission about cleaning up and simplifying the definition of casino. 1:20:26 Cr. Krauss 3    6 Bozeman City Commission Policy Meeting, June 5, 2008 Cr. Krauss stated that the sign code ordinance is more important than how they name themselves. 1:20:50 Cr. Bryson Cr. Bryson wanted to get them into conformity with the sign provisions and not worry so much about what they call themselves; we know they're casinos. 1:21:15 Mr. Epple Mr. Epple stated that it matters that they are called gaming parlors. The gaming parlors have signage in compliance. 1:23:33 Mr. Epple Mr. Epple recommended not revamping the whole definition. If your interest is to allow the limit on machines to match what the state limits, let's just do that. He wouldn't mess with the rest of it. 1:25:00 Cr. Rupp Cr. Rupp wanted to put it on an agenda to have a discussion to talk about the value of the 14 machines. We have an alternative to stay at the 14 or go lower. 1:26:00 Mr. Epple Mr. Epple stated that we can draft up a discussion paper to get on a formal agenda, or we could advertise an ordinance. You might want to have a discussion with the industry and community. 1:26:24 Cr. Krauss and Mayor Jacobson Cr. Krauss and Mayor Jacobson want to discuss it. 1:26:26 Mr. Epple Mr. Epple verified that the Commission wants it as an agenda item to show that these are the possibilities the Commission is looking at and get some feedback. 1:26:54 Mr. Epple Mr. Epple asked the Commission if they mean to go directly to a draft ordinance. 1:26:56 Crs. Rupp and Bryson Crs. Rupp and Bryson replied yes. 1:27:00 Mr. Saunders Mr. Saunders suggested not going directly to the draft of an ordinance; go to a discussion paper first so the Commission can keep the issues at their level before beginning the process of submitting an ordinance to the Zoning Commission. 1:28:13 Cr. Krauss Cr. Krauss wants a draft ordinance that we would say we're submitting to the Zoning Commission. 1:28:36 Mr. Epple 4    7 Bozeman City Commission Policy Meeting, June 5, 2008 5    Mr. Epple stated that the Commission needs to direct staff to advertise and go through the ordinance amendment process, but you can't do that today. We can bring you back a draft ordinance that looks like what we talked about here today. If you like it, direct staff to proceed. That will be on an agenda, and you will get a lot of feedback. You can change what we've drafted and then we can proceed with the formal process to the Zoning Commission. 1:30:56 F. FYI/Discussion 1:31:00 Mr. Kukulski Mr. Kukulski stated that he needs the Commission to meet at 5:45 p.m. on Monday night for an Executive Session about a personnel issue. 1:33:21 G. Adjournment Mayor Jacobson adjourned the meeting at 1:25 p.m. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY:     ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________. 8