HomeMy WebLinkAbout06-08-09 Minutes, City Commission
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 8, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, June 8, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City
Manager Chuck Winn, Planning Director Andy Epple, City Attorney Greg Sullivan, and Deputy
City Clerk Aimee Kissel.
0:01:01 A. Call to Order - 6 p.m. -Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:04 p.m.
0:01:03 B. Pledge of Allegiance and a Moment of Silence
0:01:45 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:01:48 Chris Kukulski
Mr. Kukulski stated that there are changes to the agenda. Item H. the special presentation for the
many volunteers that helped with the March 5 explosion has been moved up on the agenda to
come just after consent due to the large amount of people here for public comment. Also, the
item listed under J. For Your Information should be removed because five of the commission
have already indicated they would like staff to move forward with research regarding this item
and place this item on a future agenda. In addition, Mr. Kukulski would like to speak to how the
street closure permit process works just prior to public comment since a number of people in
attendance are planning to speak regarding the denial of the street closure for a tea party on July
4th.
0:04:53 D. Public Service Announcement -Vandalism and Graffiti Task Force Projects
0:05:06 Curt Smith, Vandalism and Graffiti Task Force
Mr. Smith, chair of the Vandalism and Graffiti Task Force provided an update regarding the
vandalism and graffiti task force. Once graffiti is reported it triggers aclean-up process. The
task force has created a brochure to create awareness regarding this issue and spells out how to
report graffiti. Partnerships have been created with the Gallatin Association of Realtors,
Montana State University, the City of Bozeman, the Downtown Business Partnership and
Minutes of the Bozeman City Commission Meeting, June 8, 2009
Volunteer Connections. The Hopa Mountain Youth leadership summer camp and Montana
Conservation Corp. Group are each helping with an upcoming event. Sponsors for the Task
Force were also listed.
0:09:56 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign a Renewable Resource Grant Agreement for the
Hyalite Canyon Guardrail Project (Heaston)
3. Authorize City Manager to sign Western Montana Mental Health (Hope House)
Public Access Easement, Sewer and Water Pipeline and Access Easement and
Agreement, and Trail Corridor Easement (Murray)
4. Authorize City Manager to sign and execute the State of Montana Department of
Transportation (MDT) Utilities Agreement for relocation of a City Water Main
(Hixson)
5. Authorize Mayor Jacobson to sign a letter of support for the Bozeman Sculpture
Park Project (Fontenot)
6. Approve Mayoral Proclamation Naming Thursday, June 11, 2009 Montana
Outdoor Science School Day (Kissel)
7. Approve Monthly Building Report for May 2009 (Risk )
8. Approve Resolution No. 4173, Certifying Delinquent 2nd 1/2 Special Assessments
to the County (Shannon)
0:10:02 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:10:13 Motion and Vote to approve Consent Items F. 1-8.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent Items F. 1-8.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:10:29 E. Minutes
0:10:37 Motion and Vote approve the Minutes of April 13, 2009.
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It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Minutes of April 13,
2009. Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Minutes of the Bozeman City Commission :1~eetrng, June 8, 2009
Those voting No being none.
The motion passed 5-0.
0:11:35 H. Special Presentation -Recognition of Volunteer Organizations Who Provided
Assistance after Downtown Explosion (Mayor Jacobson)
0:11:39 Mayor Jacobson
Mayor Jacobson honored all the volunteer service organizations who dedicated their staff and
time and service to the City of Bozeman after the explosion that happened downtown. She
presented a certificate of appreciation to each organization. Those being recognized were 12
volunteers from the American Red Cross, 21 volunteers from the Salvation Army, 7 career and
volunteers from the Big Sky Fire Department, 32 volunteers from the Central Valley /Belgrade
Fire Department, 5 volunteers from the Manhattan Fire Department, 12 volunteers from Bridger
Canyon Rural Fire Department, 18 from the Ray and Sourdough Fire Departments, 17 from the
Fort Ellis Volunteer Fire Department and 8 volunteers from the Amsterdam Rural Fire
Department. She also thanked everyone from the Bozeman community.
0:16:10 Mayor Jacobson
Mayor Jacobson spoke regarding the many other volunteers that helped after this tragedy
including 35 other entities that provided food or other services and who were acknowledged
through a certificate in the mail. She also thanked City staff for all their work. She said it was a
pleasure and honor to see the staff work seamlessly with each other and the volunteers. She also
thanked the Downtown Business Partnership, The Gallatin Valley Interfaith Association and the
community overall.
0:19:02 Mr. Kukulski
Mr. Kukulski spoke regarding the public assembly permit and street closure request for a rally on
July 4, 2009 by the Tea Party Patriots. The public assembly permit was granted, the street
closure of Main Street was not. Procedurally, the city should have clearly stated in the letter that
denied the closure that an appeal could be filed within 5 days and then would be immediately
placed on the next city commission agenda. This is not an agenda item for the commission to
take action on. His suggestions are, if the majority of the commission agree with the denial of
the street closure, the appeal should be scheduled for next week's agenda. If the commission
would like the permit granted, administration can take care of that tomorrow. Mr. Kukulski
apologized for not having the group place a formal request in writing, but said he is certain they
would have had that been communicated. Mr. Kukulski iterated that at most the Commission
could provide direction on this issue rather than formal action.
0:25:02 G. Public Comment
Mayor Jacobson opened public comment.
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Minutes of the Bozeman City Commission Meeting, June 8, 2009
0:25:23 Henry Kriegel, Public Comment
Mr. Kriegal of 2525 Landoe Drive, with the steering committee for the Bozeman Tea Party,
spoke regarding this group, their purpose and the street closure request they made. Mr. Kriegal
went on to speak regarding his support for the street closure request and his dissatisfaction with
the denial.
0:28:43 Aliaz Alias, Public Comment
Mr. Alias of 112 Green Street at Willow Creek thanked the City for allowing people to speak.
He spoke regarding his veteran status and his activism and urged that the street be closed.
0:31:28 Alison Sweeney, Public Comment
Ms. Sweeney of 503 South 14th Ave. is the founder of the Cluk Movement. She thanked the
Commission for looking at the Ordinance regarding chickens. Ms. Sweeney explained why she
feels chickens should be allowed within the City.
0:34:26 Richard Chaffer, Public Comment
Mr. Chaffer of the Sypes Canyon Area mentioned his veteran status and his volunteerism. He
spoke regarding the reasons for the Tea Parties and issues regarding first right amendments and
freedom of assembly.
0:40:44 Babs Noel, Public Comment
Ms. Noel owner of Allara at 42 West Main Street spoke regarding her concerns about the street
closure request of the 4th and street closure requests in the future and asked the Commission to
stand with the original denial of the street closure request. She feels that public assemblies can
occur in other locations where they will not negatively impact the businesses downtown and said
the permit process works well and is designed to consider this impact.
0:44:22 Barbara Summers, Public Comment
Ms. Summers of 502 North 20th Ave., and owner of Old Bozeman Beads and Gifts at 321 East
Main Street. She is in favor of the closure because she feels that any events that are brought
downtown are helpful to downtown businesses.
0:46:31 Andrew Cetraro, Public Comment
Mr. Cetraro of 806 North Seventh Ave. spoke in favor of approval of action item #3 with
modifications regarding the restrictions that embrace the B districts as well as the M-1 and M-2
and referred to 18.32.030 of the unified development district. He also mentioned eliminating the
spot zoning and keep zoning in the current districts where it's allowed.
0:49:11 Joan Stanley. Public Comment
Joan Stanley, local Bozeman and State Tea Party organizer. She first addressed the business
owners saying that it would only take 30 minutes or less to march from one end to the other. She
also spoke regarding the press received by the last local tea party and feels it would bring
business. Ms. Stanley also spoke about her experiences while requesting permits from the City.
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Minutes of the 6ozenzan City Comniissaon Meeting. June 8, 2009
0:52:36 Ralph Ferraro, Public Comment
Mr. Ferraro, owner of the Rockin R Bar spoke regarding action item #3 and how it affects poker
machines and gambling casinos, stating that there are already building codes and regulations in
place that accomplish regulation of this type of business.
0:54:28 Paul Nachman, Public Comment
Mr. Nachman of 1611 West Koch favors permitting the July 4th event and spoke regarding the
precedent of street closures and the appropriateness of July 4th for this event.
0:55:41 Charlton Campbell, Public Comment
Mr. Campbell of 14577 Cottonwood Canyon Road feels the issue here is the safety of the
citizens and will be a very large event.
0:56:42 Mara Bowsted, Public Comment
Mara Bowstead of 4239 East Baseline Road said that 2,000 people are expected to attend this
event and the event may benefit bars. She also asked if this is not a community event what is,
and asked what people are afraid of.
0:58:43 Tom Tuck, Public Comment
Mr. Tuck a business owner in Belgrade spoke regarding his status as a veteran and status as part
of the community and said that the feeling of community and love for the Country he had during
the April tea party event was phenomenal. He went on to explain the reasons he feels the tea
party is important and his concerns about elected officials.
1:01:18 Rebecca Behrent, Public Comment
Ms. Behrent of 208 Lindley Place said she has lived her entire life in Bozeman and supported
downtown businesses and would like downtown business owners to grant two hours for this
event. She also feels the closing of Main Street is a safety issue.
1:02:37 Bob Adney. Public Comment
Mr. Adney of 315 South 15th Ave., Apt. 3, feels closure of the street will help people stay safe
during the tea party event. He also feels the tea party will increase local business.
1:04:05 Mack Stuart, Public Comment
Mr. Stuart of 691 North 15th Ave. spoke regarding the three times he felt a part of this
community and the tea party was the most recent in which he participated during his lunch hour.
He asked the Commission to support the Country by allowing them to walk down Main Street.
1:04:58 Diana Campbell, Public Comment
Ms. Campbell of 1015 South Grand felt that this event would be a marketing bonanza and the
closure of the street will allow people to use the sidewalk to enter and exit the businesses.
1:06:40 Michael Suvoldy, Public Comment
Mr. Suvoldy of 388 Moon Beam in Belgrade said he's been in Bozeman since 1987 and feels
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Minutes of the Bozeman City Commission R9eeting, June 8, 2009
Bozeman is boring on the 4th of July and this event would be a great place to take his children to
respect their forefathers.
1:07:45 Richard Bennett. Public Comment
Mr. Bennett of 1612 West Olive mentioned he spoke with his son who volunteered to serve at
the Naval Academy regarding this issue and says his son is shocked regarding this denial. He
also spoke regarding the idea that the street closure denial is related to a political or social
agenda.
1:09:19 Marty Tuskon, Public Comment
Mr. Tuskon of 2325 Millhouse does not see any reason why this event wouldn't be beneficial to
downtown.
1:10:23 Jenny Lowe Anker. Public Comment
Ms. Lowe Anker of 401 West Curtiss spoke in support of the chickens and brought her chicken
Reginald who she says would like equal chicken rights to all of the chickens in Helena.
1:11:09 Ted Campbell, Public Comment
Mr. Campbell of 712 Dopey Way spoke regarding his veteran status and his delight to be able to
now speak regarding political issues. He then spoke regarding his views countering arguments
against the closure of Main Street and listed the reasons he feels the closure should be granted as
well his views regarding protests in general.
1:14:46 Shelly Strosnider. Public Comment
Ms. Strosnider of 3821 Tradewind Lane spoke regarding her veteran status and the death of her
fiancee while serving and her views regarding the rights of free speech. Ms. Strosnider said she
spoke with Main Street business owners on Friday and felt they were supportive of the Tea Party
event.
1:16:52 Andy Knaub. 503 South 14th Ave.
Mr. Knaub is the co-founder of the Cluk movement and presented signatures that had been
gathered at a business.
1:17:18 MaPFie Vicer. Public Comment
Ms. Vicer of 5835 Sypes Canyon Road spoke in favor of chickens within city limits and said she
felt the issue is the appropriate size and conditions and zoning.
1:18:49 Jeff Smith. Public Comment
Mr. Smith of 1024 South Willson spoke in favor of closing Main Street for this event and his
views regarding why it should be closed and his views about free speech rights.
1:21:57 Jeremy Hoefer. Public Comment
Mr. Hoefer of 912 Colorado in Belgrade spoke in favor of the tea party and feels it will benefit
everyone. He passed out a letter from Joan to the city and a petition to the local business owners.
Minutes of the Bozeman City Conznzissioi~ A4eeti~~g, June 8. 2009
1:22:55 Jeffrey Buchowiski, Public Comment
Mr. Buchowiski of 310 North Plum Ave. spoke regarding the messages on KMMS radio from
tea party members that were all negative and disrespectful. He also heard threats during radio
programs towards business owners on Main Street that did not sign the petition.
1:25:09 Nick Landeros, Public Comment
Mr. Landeros of 2395 Milkhouse spoke towards the last callers comments regarding the radio
program. He said he is part of the steering committee and is not aware of any actions against
business owners. He also stated his views regarding why the street should be closed.
1:28:09 Fraunz Glauss, Public Comment
Mr. Glauss of Elk Grove testified towards the spirit of community at the last tea party and then
spoke regarding his political views.
1:30:13 Robert Hargrove, Public Comment
Mr. Hargrove of 1420 West Story spoke against allowing chickens within the City and asked for
a study before making a decision regarding chickens.
1:31:00 Brian Leland, Public Comment
Mr. Leland of 528 North Bozeman spoke regarding his issues with a neighbor's dog and how
talking about chickens is ridiculous when he feels the City has such a big problem with dogs.
1:33:56 Public Comment Closed
Seeing no further public continent, Mayor Jacobson closed public comment.
1:34:20 Cr. Bryson
Cr. Bryson provided general direction that he would like to see the Main Street decision
revisited.
1:34:42 Cr. Krauss
Cr. Krauss spoke in favor of Debbie Arkell and the process she used to make the decision
regarding the street closure. Cr. Krauss said the issue is providing downtown business owners
with business before and after this event so they are positively impacted. The cost of this
closure is the cost of public safety. He would like the street closed for as short a time as
possible. Cr. Krauss also asked that the audience not applause and pointed out that it is against
the rules to do so.
1:39:32 Cr. Becker
Cr. Becker prefers that we either have the City Manager make a decision to continue with this
permit or the Commission makes the decision tonight. Cr. Becker also spoke against applause
citing how hard it is for the minority opinion to speak up when applause is happening and all
views should be able to be heard and a safe and hospitable environment. Cr. Becker said what
the event entails does not matter in the process of determining whether the closure should be
Minutes of the Bo_eman City Commission Meeting, June 8, 2009
granted. Cr. Bryson would prefer that we allow this to go forward to allow for a safe and
hopefully courteous event.
1:42:01 Cr. Rupp
Cr. Rupp said that allowing or disallowing the closure permit has nothing to do with the content
of the event but he would prefer the closure be granted so it will be a safer public event.
1:43:16 Cr. Bryson
Cr. Bryson said it is not about the application or the underlying reason for the application. Cr.
Bryson spoke regarding his views on the rights of public assembly and also that he feels that the
number of attendees at this event in the past justifies closing the street.
1:44:37 Mayor Jacobson
Mayor Jacobson said the City did not deny anyone public assembly. She also finds it ironic that
this is a tax protest yet it will cost the city over $1,100 to close the street. The e-mails received
regarding this issue were offensive and threatening in tone. The fundamental issue is the
downtown businesses and how badly they've been hurting in the past several years. She feels a
rally can be had without walking downtown.
1:48:45 Mr. Kukulski
Mr. Kukulski said he appreciates the feedback from Commissioners. He spoke regarding
working with Henry Kriegal on the time frame for the closure.
1:51:00 Break
2:14:00 Mayor Jacobson called the meeting back to order after a break.
2:14:16 I. Action Items
2:14:21 1. Possible Amendments to Resolution No. 4156, Fee Schedule for Rental of the
Story Mansion (Dingman)
2:14:53 Mayor Jacobson
Mayor Jacobson asked for a motion to reconsider this item.
2:15:20 Motion and vote to reconsider amendments to Resolution No. 4156.
It was moved by Cr. Bryson, seconded by Cr. Rupp to reconsider amendments to
Resolution No. 4156.
Those voting Aye being Crs. Bryson, Rupp, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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Minutes of the Bozenima City ConinTission A4eeting, June 8, 2009
2:15:43 Mayor Jacobson
Mayor Jacobson explained why she would like the rental rate for the library room in the Story
Mansion to be reconsidered.
2:18:10 Mayor Jacobson opened the public hearing.
2:18:18 Public Comment
Mayor Jacobson opened public comment.
2:18:24 Jeff Smith. Public Comment
Mr. Smith of 1024 South Willson is opposed to charging any rate within the Story Mansion
because it is competing with local business and the City should not be in direct competition with
business.
2:19:55 Jane Klockman. Public Comment
Ms. Klockman of 713 South Willson, a member of the Friends of the Story Mansion spoke in
favor of charging appropriate fees to cover the cost to the City of renting out the library room.
2:20:46 Deanna Campbell, Public Comment
Ms. Campbell of 1015 South Grand spoke regarding how the Story Mansion will be a venue for
weddings and will compete with private businesses that offer wedding facility services and it
should not be.
2:24:30 Bob Chase, Public Comment
Mr. Chase of 433 South Black Ave. spoke regarding the cost of renting the Story Mansion for a
wedding versus other wedding facilities and feels the Story Mansion is undercutting these
businesses. Mr. Chase also spoke regarding his feelings about the wallpaper in the Mansion.
2:26:00 Public Comment Closed
Seeing no further public comment, Mayor Jacobson closed public comment.
2:28:16 Motion and Vote to amend Resolution No. 4156 and impose the hourly rental rate
of $15.00 an hour for the library.
It was moved by Cr. Rupp seconded by Cr. Becker to amend Resolution No. 4156 and
impose the hourly rental rate of $15.00 an hour for the library (room at the Storv
Mansion .
Those voting Ave being Crs. Rupp, Becker, Bryson and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion passed 4-1.
2:29:05 Mayor Jacobson
Mayor Jacobson presented information regarding whether the Commission should consider
whether they would like a separate fee for weddings.
Minutes of the Bozeman Ciry Commission Aleetang, June $ 2009
2:34:54 Mayor Jacobson opened the public hearing on this item
2:35:00 Public Comment
Mayor Jacobson opened public comment.
2:35:13 Rob Koffman. Public Comment
Mr. Koffman of 3632 Bungalow Lane feels the City should have never gotten into the business
of competing with local business but it is worthwhile to consider this issue.
2:3 7:19 MaPQie Vicer. Public Comment
Ms. Vicer of 5835 Sypes Canyon said she supports what you've done with the Story Mansion
and suports making it accessible while also not competing with local businesses. She feels it
would be a great opportunity to gain revenue.
2:38:43 Henry Kriegal, Public Comment
Mr. Kriegal of 2525 Landoe Drive said he feels the Commission should be mindful to charge fair
market value for the property as determined by supply and demand.
2:40:26 Dedee Taylor, Public Comment
Ms. Taylor of 8 West Harrison Street is a member of the board of the Friends of the Story
Mansion. She supports raising the fees for weddings in the Story Mansion and spoke to how that
speaks to the goals of the Friends of the Story Mansion.
2:41:35 Chuck Campbell, Public Comment
Mr. Campbell 14577 Cottonwood Canyon Road owns a wedding facility and supports looking at
higher rates for wedding events arguing that managing a wedding venue entails a lot of work,
cost more money to manage than other events and will cost more staff time and be much harder
on the facility.
2:45:13 Jane Klockman, Public Comment
Ms. Klockman of 713 South Willson is in agreement with raising the fees for weddings at the
Story Mansion. She feels the Story Mansion will enhance business rather than competing with
business.
2:46:12 Deanna Campbell. Public Comment
Ms. Campbell of 1015 South Grand made the point that if you do not want to compete then don't
compete -charge more than other venues.
2:48:47 Bob Chase. Public Comment
Mr. Chase of 433 South Black Ave. spoke regarding his reasons for wanting a Performa
developed regarding the costs of the events that will be scheduled for the Mansion.
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Minutes of the Bozeman City Conznzission Meeting, June 8, 2009
2:49:59 JeffSmith, Public Comment
Mr. Smith of 1024 South Willson feels the city should not go into competition with private
businesses. He suggested a rate for the facility and his reasoning for that rate.
2:53:09 Public comment Closed
Seeing no further public comment Mayor Jacobson closed public comment.
2:54:40 Cr. Krauss
Cr. Krauss called a point of order asking if anyone had made a motion to reconsider.
2:54:52 Mayor Jacobson
Mayor Jacobson said that since we are still considering the same Resolution, the previous motion
and vote to reconsider is sufficient.
2:55:11 Cr. Krauss
Cr. Krauss requested a copy of any reports which the Mayor relied upon for this decision such as
a business plan that the Mayor referred to.
2:55:38 Mayor Jacobson
Mayor Jacobson explained that the business plan she was referring to has not been completed.
2:57:04 Motion to incorporate fees for weddings specifically in the rate structure and that
would be set at $3,000.
Cr Rupp made a motion that incorporates fees for weddings specifically in the rate
structure and that would be set at $3.000.
2:57:45 Motion died for lack of a second.
3:06:54 Motion to eliminate the 50% reduction for the first year.
It was moved by Cr. Bryson. that we eliminate the 50% reduction for the first near.
3:07:18 The motion died for lack of a second.
3:07:33 Motion that the facility be reduced to one wedding per weekend but the renter has
to pay the full rate for 1 day and 2 -'/Z days which equals 2 days, the night before, the day
of and the next morning so they could set up, have the wedding and clean up and would
have an appropriate amount of time and that's $3,400.
It was moved by Cr Becker, seconded by Cr. Rupp that the facility be reduced to one
wedding per weekend but the renter has to pay the full rate for 1 day and 2 -'/Z days which
equals 2 days, the night before, the day of and the~next morning so they could set up, have
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Alinutes of the Bozeman City Commission Meeting, June 8, 2009
the wedding and clean up and would have an appropriate amount of time and that's
$3,400.
3:08:09 Mayor Jacobson
Mayor Jacobson asked Cr. Becker for clarification regarding his motion asking about weddings
in the middle of the week.
3:08:11 Cr. Becker
Cr. Becker clarified his motion was $3,400. for the night before, day of and the morning after.
3:10:04 Aimee Kissel, Deputy City Clerk
Ms. Kissel read back the motion.
3:10:38 Mayor Jacobson
Mayor Jacobson asked for clarification regarding the statement in the motion regarding the
weekend.
3:10:53 Cr. Becker
Cr. Becker clarified that the intent in his motion would also apply to a wedding during the
weekday, as long as you rent it the night before, the day of and the morning after.
3:11:37 Vote on the motion that the renter has to pay the full rate for one day and to 1/Z
days which equals 2 days, the night before, the day of and the next morning so they could
set up, have the wedding and clean up and would have an appropriate amount of time and
that's $3.400.
Those voting Ave being Crs. Becker, Rupp and Mayor Jacobson
Those voting No being Crs. Krauss and Brvson.
The motion passed 3-2.
3:11:55 Mayor Jacobson
Mayor Jacobson spoke regarding clarification regarding the 50% rate reduction for the first year.
She asked whether the intent was to evaluate the rate after a year versus the rate automatically
going up after the first year.
3:13:02 Cr. Bryson
Cr. Bryson made the original motion to reduce the fees by 50% and said his intent with the
motion was to try and figure out what the appropriate use for the first year would be. The rates
are what the rates are.
3:13:36 Chuck Winn, Assistant City Manager
Mr. Winn asked for clarification on the motion stating that Cr. Becker's motion deals only with
rentals for weddings and does not affect any other use of the mansion and will not affect those
who have already made reservations.
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Minutes of the Bozeman City Commission Meeting, June 8, 2009
3:14:09 Mayor Jacobson
Mayor Jacobson confirmed Mr. Winn's clarifications on the motion.
3:15:40 Greg Sullivan, City Attorney
Mr. Sullivan confirmed that if the City has already entered into oral agreements regarding rental
of the Story Mansion those need to be honored.
3:15:56 Cr. Bryson
Cr. Bryson brought up the need to set an effective date for the new rate schedule.
3:16:11 Mayor Jacobson
Mayor Jacobson asked if the effective date would be when the Resolution comes back.
3:16:17 Mr. Sullivan
Mr. Sullivan confirmed that the effective date for the new rate would be the date the Resolution
was signed.
3:16:33 2. Proposal to Rescind Condition 16 (9:00 p.m. time limit) of Story Mansion
Conditional Use Permit (Mayor Jacobson)
3:16:34 Mayor Jacobson
Mayor Jacobson asked for a motion to amend the Story Mansion Conditional Use Permit that
was approved on April 13, 2009.
3:17:01 Motion and Vote to amend the Story Mansion Conditional Use Permit that was
approved on April 13, 2009.
It was moved by Cr. Becker, seconded by Cr. Rune to amend the Story Mansion
Conditional Use Permit that was approved on Anri113, 2009.
3:18:16 Mayor Jacobson
Mayor Jacobson provided information as to why she would like this item to be considered.
3:18:43 Vote on the motion to amend the Story Mansion Conditional Use Permit that was
approved on Apri113, 2009.
Those voting Ave being Crs. Becker, Runn, Bryson and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion passed 4-1.
3:19:10 Mayor Jacobson
Mayor Jacobson continued explaining why she would like the 9 p.m. time limit reconsidered.
3:23:09 Public Hearing Opened.
Mayor Jacobson opened the public hearing on this item.
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Minutes of the Bozeman City Commission Meeting, June 8, 2009
3:23:13 Public Comment Opened.
Mayor Jacobson opened public comment.
3:23:18 Ron Gompertz. Public Comment
Mr. Gompertz of 810 South Willson spoke as a member of the Friends of the Story Mansion.
Mr. Gompertz proposed afund-raising event called Story under the Stars and presented details of
the event to the Commission. If approved, this would be an outdoor movie event and so
therefore would need to be started about 8:45 p.m.
3:28:58 Deanna Campbell, Public Comment
Ms. Campbell of 1015 South Grand, also owns and rents out the properties at 1017 and 1019
South Grand and relayed her concern about the noise from weddings and other such events going
to 11 p.m. though she does not see a problem with granting special use permits for events such as
Story Under the Stars.
3:32:04 Charlie Campbell, Public Comment
Mr. Campell of 14577 Cottonwood Canyon Road spoke regarding his concern for the noise from
venues past 9 p.m.
3:36:08 Dedee Taylor, Public Comment
Ms. Taylor of 8 West Harrison Street and member of the Friends of the Story Mansion spoke
about the delicate balance with the Story Mansion. She supports extending the hours of the
Story Mansion.
3 :3 7:47 Jodi Rasker, Public Comment
Ms. Rasker of 811 South Grand resides behind the Story Mansion and is a member of the Friends
of the Story Mansion. She supports the 11 p.m. time limit, but feels that it would have an impact
on the neighborhood.
3:39:47 Jane Klockman, Public Comment
Ms. Klockman of 716 South Willson supports extending the time limit to 11 p.m. especially the
event Story under the Stars.
3:41:20 Rob Kaufmann, Public Comment
Mr. Kaufmann of 3632 Bungalow Lane is in favor of keeping the time limit to 9 p.m.
3:43:11 Lisa MCProry. Public Comment
Ms. Mcgrory of 113 South Bozeman is a member of the Bozeman Film Festival Board. She
informed everyone that in the past, there were film series on the lawn that were very well
recieved. She would be excited to see it come back.
3:44:23 Anne Justin. Public Comment
Ms. Justin of 618 Auto Ridge Road came representing her cousin who recently purchased 725
South Willson across from the Story Mansion. He has small children and would not support
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Minutes of the Bozenzan Ciry Co»antission A4eeling, June 8, 2009
events to 11 p.m. every night. She is however in support of the film series and possibly other
special events going past 9 p.m.
3:47:01 Bill Costigan, Public Comment
Mr. Costigan owner of Poindexters on Shawnee Way argued for the movies. In the past he has
rented out Bogert Park to show movies and have never upset any neighbors. Mr. Costigan
suggested the possibility of measuring the noise from the building.
3:49:48 Bob Chase, Public Comment
Mr. Chase of 433 South Black Ave. is in favor of keeping the time at 9 p.m.
3:50:52 Maggie Vicer, Public Comment
Ms. Vicer of 5835 Sypes Canyon feels the film series sounds like a wonderful event but is
concerned about the Story Mansion becoming a nuisance with late hours and thinks the film
series could happen at other locations away from a neighborhood.
3:55:01 Mayor Jacobson
Mayor Jacobson asked for a motion to suspend the rules until after 10 p.m.
3:55:06 Motion and Vote to suspend the rules until 10:30.
Those voting aye being Crs.Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being Cr. Becker.
The motion passed 4-1.
3:55:31 Wyatt Nelson, Public Comment
Mr. Nelson of 316 West Lamme feels a variance needs to be made for this event and brings the
community together. If the other parks close at 11 p.m. he feels this one should as well.
3:56:52 Public Hearing Closed.
Mayor Jacobson closed the public hearing on this item.
3:56:54 Public Comment Closed
Seeing no further public comment, Mayor Jacobson closed public comment.
3:57:09 Andy Epple, Planning Director
Mr. Epple provided information regarding how a temporary special use permit could be
constructed and approved by the Commission if they wish to keep the regular event ending time
at 11 p.m. and provide a means for special events to stay open later.
4:02:52 Motion to direct staff to bring back language for a temporary use permit for
extending the use past 9 p.m.
It was moved by Cr Krauss, seconded by Cr. Bryson to direct staff to bring back language
for a temporary use permit for extending the use past 9 p.m.
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Minutes of the Bozeman City Commission Meeting, June 8, 2009
4:05:11 Vote on the motion to bring back language for a temporary use permit for
extending the use past 9 p.m.
Those voting Ave being Crs. Krauss, Bryson, Rupp and Becker.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
4:05:35 Motion and vote to adiourn.
It was moved by Cr. Rupp, seconded by Cr. Krauss to adiourn.
Those voting Ave being Crs. Rupp, Krauss. and Becker.
Those voting No being Cr. Bryson and Mayor Jacobson.
The motion passed 3-2.
The meeting was adjourned at 10:15 p.m.
G~"~ '`~
Kaaren Jacobson, Ma r
ATTEST:
to U en, MC, City Clerk
PREPARED BY:
Aime Kissel, Deputy City Clerk
Approved on o OO
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