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Home My WebLink About01-11-16 City Commission Minutes a 1�Co. THE CITY COMMISSION MEETING OF BOZEMAN,MONTANA MINUTES Monday,January 11, 2016 Commissioner- Jeff Krauss: Present Mayor- Carson Taylor: Present Commissioner- Chris Mehl: Present r Deputy Mayor- Cynthia Andrus: Present Commissioner-I-Ho Pomeroy: Present i Staff also present: City Manager, Chris Kukulski, City Attorney, Greg Sullivan, Deputy City Clerk,Pearl Michalson. A. 06:00:07 PMCall to Order—6:00 PM - Commission Room, City Hall, 121 North II Rouse Mayor Taylor, called the meeting to order at 06:00 P.M. B. 06:00:09 PM Pledge of Allegiance and a Moment of Silence i C. 06:01:08 PM Changes to the Agenda City Manager, Chris Kukulski discussed three changes to the agenda • Action item,HI was continue to the 25th it r • Public Transportation Survey for the City of Bozeman was available • FYI/Discussion would happen prior to the Executive Session I} I� 06:02:20 PM Mayor Taylor had a request for anyone providing public comment. ID. 06:03:07 PM Public Service Announcement-City Offices Closed on Monday, January 18,2016 (Michalson) Page 1 of 14 a January 11,2016Boze►nan City Conwdssion Minutes Deputy City Clerk, Pearl Michalson gave a brief public service announcement that reminded citizens that city hall office would be closed on Monday, January 181' in Observance of Martin Luther King Jr. Day. There would also not be a city commission held on that due to the closure. E. 06:04:47 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) ` O 2. Authorize Bozeman Fire Department to Accept Surplus United States Air Force Ambulance with an Estimated Value of$30,000 (Waldo) to 3. Accept Grant Award fiom Montana Disaster and Emergency Services, Homeland Security in the Amount of $55,000 for the Purchase of Portable 2-way Radios (McLane) t ;) 4. Memorandum of Understanding (MOU)between the City of Bozeman(COB) and the Gallatin Valley Land Trust (GVLT) for the Purposes of Creating and Maintaining a Collaborative Web Mapping Application for Trails (Henderson) tj4--3 5. Professional Services Agreement (PSA) with Community Development Services of Montana(CDS)for Providing Technical Assistance in Support of Various Tax Increment Financing (TIF) Programs and Activities Associated with its Urban Renewal, Technology and Industrial Districts and Potential Targeted Economic Development District(s) (TEDD) (Fontenot) to 6. Resolution 4661, Authorizing the Use of an Alternative Project Delivery Contract for a Construction Manager/General Contractor for Pre-construction and Construction Services for the Joint Law and Justice Center Project with Gallatin County(Winn) 10 7. Restaurant Beer and Wine License for Over the Tapas of Bozeman, Montana to sell Beer and Wine at 19 S. Wilson Avenue(Rosenberry) to 06:05:07 PM City Manager Chris Kukulski gave a brief overview of consent items 1-7. 06:06:31 PM Public Comment Mayor Taylor opened public comment There was no public comment Public comment was closed. 06:06:41 PM Vote on the motion to approve Consent Items 1-7 as submitted. Page 2 of 14 January 11,2016 Bozeman Cite Commission Minutes Commissioner- Jeff Krauss: Motion Corarnissioner-I-Ho Pomeroy: 2nd Commissioner-Jeff Krauss: AU rove •ove Mayor- Carson Taylor:_Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve F. 06:07:14 PM Public Comment-- Mayor Taylor opened public comment. 06:08:10 PM Debra Dietman,Public Comment Debra Diteman stated that she had received incorrect information about what was going across fiom her home and thought that it was going to be a rental project. Debra Dietman stated that she came to the city in order to speak with staff about the concerns that she had concerning the condominiums that were to be placed in her neighborhood. She asked the neighborhood coordinator to please hold a meeting to discuss the rental properties that would be going on across fiom her home. She spoke with the applicant about developing the property. Her concerns were the speed limit and that the development is so close to the single family homes,which does not provide a back yard. 06:12:35 PM Chris Nauruan,.Public Comment Chris Nauman talked about Resolution 4576, adopting the Bozeman Fiber Master plan,talked about leasing spaces per the master plan to allow city conduit. Since the adoption of that plan a year ago 500k has been provided by the downtown improvement district as well as other commitments by the TIF Board. On behalf of the downtown TIF district, Chris Nauman asked that policy via resolution 4658 to authorize the development of city owned leasing and licensing policies was urged to be passed by the commission. 06:14:47 PM Brad Ebersuecher, Public Comment ' Mr. Eberspecher talked about golden gate condominiums and stated that the project is three i times over the minimum amount of density provided by R3 zoning. While not against high density there were design problems and golden gate residents urged the commission to intervene in the design and step in and make the commission aware of the situation. t 06:17:19 PM Lance Lekliee,Public Comment � Mr. Leighee stated that he was in opposition of the golden gate condos. The proposed development stated that the density issues within the design were density without buffering and I i Page 3 of 14 it J Janmaty 11,2016 Bozeman Ciot Conuudssion Minutes health and safety was an issue for the residents on this design. The inter-traffic, storage and snow removal concerns are something that the citizens. 06:20:21 PM Eli Eselmey,Public Comment Mr. Eselmey stated that additional concerns that he had on the average density per acre would cause a huge issue when it comes to parking and also asked for a redesign issue that the commission needs to look at this. 06:21:44 PM Public Comment Closed. Mayor Taylor, closed public comment. G. 06:21:53 PM Special Presentation- Flood Hazard Management Overview (Heaston) 1140 06:22:20 PM Staff Presentation Brian Heaston, gave a presentation on Flood Hazard Management and stated that they will give suggestions that would be presented before the commission in due time on flood hazard management. 06:24:23 PM Tiffany Lighton, with the outreach program Stated that floods were the most common natural disasters in the United States and the fact that Bozeman is located in a flood prone area,the areas that were at risk was studied in order to learn how to better manage those areas. The goal was to keep people and property out of harm's way. The first flood risk map was created in 1974. In 1975, Bozeman joined the national insurance program, and adopted city ordinance 952 to manage flood plains. This allowed federally backed flood insurance, for all property owners. Any new development would now be required to be safer and reduce flood damage. Providing technical assistance to manage risk areas as well as looking at flood studies and updated studies,which they would be doing in two weeks. Regulations,flood plain permits, and flood insurance development regulations per the city were discussed. 06:42:31 PM Question for Staff Deputy Mayor Andrus asked if changes would be updated in a map and what would cause those changes. 06:44:10 PM Staff presentation continued Brian stated that what it meant to be located in one of these flood plains would be discussed in detail in the following two weeks. Page 4 of 14 Januarip 11,2016 Bozeman City Commission Minutes 06:45:14 PM Questions for Staff More information in a couple weeks would be discussed and making sure that the commission and Mayor had information on the new mapping project was the goal. Cr. Pomeroy talked about the federal requirements and asked if there was also a stated requirement to which the presenter stated that there was no state requirement. Deputy Mayor Andrus asked about the impact on a flood plain in itself,to which staff answered briefly and stated that more detail would be discussed in two weeks. Cr.Mehl asked when we would see the new maps to which staff responded. Deadline was also asked and discussed briefly by staff. Mayor Taylor asked the difference between flood way and flood plain to which the FEMA representative responded in detail. H. 06:52:28 PM Action Items 1. 06:52:36 PM Appeal of the Administrative Project Decision for the Streamline Sign Permit,Application 1522995 (Quasi-Judicial) (Krueger) t 06:53:11 PM Public Continent Mayor Taylor opened public comment There was no public comment Public comment was closed. p 06:53:21 PM City Manager City Manager asked for this item to be moved until January 251". I 06:53:33 PM Vote on the motion to move this item to January 251". i Commissioner-1-Ho Pomeroy:Motion Commissioner- Chris Mehl: 2nd Commissioner-Jeff Krauss: Approve Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Deputy Ma or- Cynthia Andrus: Approve �r Commissioner- I-Ho Pomeroy: Approve 06:53:58 PM Public Comment Mayor Taylor opened public comment f There was no public comment [ Page 5 of 14 �I 3! l January 77,20I6 Bozeman City Commission Minutes Public comment was closed. 06:54:12 PM Consider the motion: I move to[uphold], [amend]or[overturn]the administrative project decision for Sign Application 1522995[and if overturned or amended] upon the finding that such final administrative decision was erroneous. 2. 06:54:46 PM A Conditional Use Permit Application to allow the Sales of Alcohol for On-premise Consumption in an Existing Approved Restaurant located at 35 West Main Street, Taco del Sol, Application 15527 (Quasi-Judicial) (WerBell) Ua 06:54:54 PM Staff Asked to move this item down the agenda as applicant was not in attendance at this time. 3. 06:55:15 PM A Conditional Use Permit Application to Allow the Sale of Alcohol for Oti-premises Consumption within 5,542 Square Feet of a Combination of Indoor and Outdoor Serving Area on the Property Addressed as 10 West Main Street, Rialto Theatre, Application 15560 (Quasi-Judicial) (Brekke) N4Z 06:55:53 PM Staff asked to also move this item down the agenda the applicant was not in attendance at this time. 4. 06:56:23 PM Resolution 4658, Establishing Policies regarding the Leasing or Licensing of Broadband Infrastructure(Kukulski/Fine) t4z 06:56:56 PM Staff Presentation City Manager, Chris Kukulski stated that this conduit would help serve the city as a service provider. Additionally, it would help citizens and anytime that citizens would cut into...big picture the downtown and midtown businesses had amended their budgets to reflect that. The resolution before the city would have a responsibility to invoice or bill those that cut into the lineal foot of the conduit. 07:00:42 PM Questions for staff Deputy Mayor Andrus, asked if the city would be leasing the tubes inside the conduit as well as whether space that would be leased, would those businesses be allowed to access Bozeman Fiber. Staff responded in detail about utilizing that fiber and what would happen. Leasing was also Page 6 of 14 January 11,2016 Bozeman City Conunission Minutes i discussed as well as leasing strands of the fiber conduit and what it would mean for providers and the city in detail. Cr. Mehl asked if this would be a long time before this came to fruition, which staff agreed. 07:04:51 PM Public Comment Mayor opened public comment There was no public comment Public comment closed. 07:05:10 PM Vote on the motion to adopt Resolution 4658, establishingpolicies regarding tine leasing or licensing of broadband infrastructure. Commissioner-Chris Mehl: Motion Deputy Mayor- Cynthia Andrus: 2nd 07:05:34 PM Discussion Cr. Mehl stated that the TIF boards voted on this policy and it made sense going forward. Deputy Mayor Andrus agreed. 07:06:19 PM Vote on the motion to adopt Resolution 4658, establishing policies regarding the leasing or licensing of broadband infrastructure. 1 Commissioner - Chris Mehl: Motion Deputy Mao�ynthia Andrus: 2nd � Commissioner-Jeff Krauss: Approve li Mayor-Carson Taylor: Approve Commissioner- Chris Mehl: Approve � Deputy Mayor-Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy:Approve 's 07:06:45 PM Discussion Cr. Mehl stated that he would be interested in a policy that that the city has a conduit policy that incentivizes or mandates and strongly suggests that we put conduct in since it is a small percentage of the overall cost of the roads and it is also time saving as well. x Deputy Mayor Andrus asked for clarification of commissioner Mehl's statement to which commissioner Mehl answered in detail about roads and speaking with staff, setting a deadline. i Page 7of14 i Jannmy 11,2016 Bozeman City Commission Minutes Mayor Taylor stated that this needed to be put on a future agenda. The City Manager stated that he would like to speak with staff in order to talk about when to set this policy discussion during the construction season of 2016 and to have it on the agenda. 2. 07:11:47 PM Staff presentation on a Conditional Use Permit Application to allow the Sales of Alcohol for On-premise Consumption in an Existing Approved Restaurant located at 35 West Main Street, Taco del Sol, Application 15527 (Quasi-Judicial) (WerBell) t45 07:15:14 PM Questions for staff. Mayor Taylor asked if there were any questions for staff. There were no questions for staff 07:15:21 PM Applicant presentation The applicant,Marley McKenna stated that she saw the staff report and was okay with the conditions of the staff report. 07:15:44 PM Questions Cr.Mehl asked if she is okay with the staff report Cr.Pomeroy asked if it as hard to have a business downtown without a beer and wine license to which the applicant agreed. 07:16:27 PM Public Comment Mayor Taylor opened public comment. There was no public comment Public Comment was closed. 07:16:35 PM Motion that having reviewed and considered the application materials,public comment, and all the information presented, .I hereby adopt the findings presented in the staff report for application 15527 and move to approve the Taco del Sol On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. Deputy Mayor- Cynthia Andrus: Motion Commissioner- Jeff Krauss: 2nd Page 8 of 14 January 11,2016 Bozeman City Commission Minutes 07:17:01 PM Discussion Deputy Mayor Andrus stated that she agreed with the findings in the staff report and approved the motion Cr. Krauss stated that Pomeroy made a good point that is would be hard to approve this without the alcohol permit. Mayor Taylor stated that it would have no adverse affects and the public health saftey and general welfare. 07:18:35 PM Vote on the main motion that leaving reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 15527 and move to approve the Taco del Sol On- Premise Consumption ofAlcohol Conditional Use Permit with conditions and subject to all applicable code provisions. i Deputy Ma. o Cynthia Andrus: Motion Commissioner-Jeff Krauss: 2nd Commissioner-Jeff Krauss: Approve 4 Mayor- Carson Taylor: Approve I Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve f 07.19:26 PM Action item 3 3. A Conditional Use Permit Application to Allow the Sale of Alcohol for On-premises Conswnption within 5,542 Square Feet of a Combination of Indoor and Outdoor Serving Area on the Property Addressed as 10 West Main Street, Rialto Theatre, Application 15560 (Quasi-Judicial) (Brekke) t]4= I 07:22:25 PM Staff presentation Allison Brekke, gave a presentation on a Conditional Use Permit Application to Allow the Sale of Alcohol for On-premises Consumption within 5,542 Square Feet of a Combination of Indoor a and Outdoor Serving Area on the Property Addressed as 10 West Main Street, Rialto Theatre, Application 15560 07:24:19 PM Questions for staff Page 9 of 14 r Jammy 11,2016 Bozeinan City Coin►nission Miinrtes Deputy Mayor Andrus asked staff about the map. Cr. Krauss asked for clarification on parking"spaces associated with the space. Also asked about the 110 spaces that the reduction stated per the SID 07:28:20 PM Applicant, Brian Caldwell Applicant gave a brief presentation discussed the seating questions that the commission had about occupancy. The parking demand and the site plan application were discussed briefly per the requirement of the SID. Clarity in the future was also discussed by the applicant. Rendering was also discussed in order to provide a better picture for the commissioners and Mayor. 07:31:3 6 PM Questions for Applicant Deputy Mayer Andrus asked how the serving or seating would actually work, to which the applicant answered in detail. Uses were also discussed in detail. Cr. Mehl asked if the applicant agreed with what was in the staff report, to which the applicant responded and agreed. 07:36:11 PM Public Comment Mayor Taylor opened public comment. There was no public comment Public Comment was closed. 07:36:25 PM Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt thefindings presented in tl:e staff report for application no. 15560 and move to approve the Rialto Theatre On Premises Consumption Conditional Use Permit to allow the sales of alcohol for on premises consumption within 5,542 square feet of a combination of indoor and outdoor serving area on the property addressed as 10 West Main Street with recommended conditions and subject to all applicable code provisions. Commissioner-Jeff Krauss: Motion Commissioner_I-Ho Pomeroy: 2nd 07:37:08 PM Discussion Cr. Krauss stated that it is refreshing that the applicant approached this project in a unique way and was happy to see the Rialto in use again. Cr. Pomeroy stated that she was also excited to see the Rialto theatre back in use and that it would add to the charm of downtown Page 10 of 14 Januay 11,2016 Bozeman City Commission Minutes Cr. Mehl also agreed with the comments of the other commissioner and the staff Mayor Taylor stated that it sounds creative and thoughtful use of the property. 07:40:02 PM Vote on the motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application no. 15560 and move to approve the Rialto Theatre On Premises Consumption Conditional Use Permit to allow the sales of alcohol for on- premises consumption within 5,542 square feet of a combination of indoor and outdoor serving area on the property addressed as 10 West Main Street with recommended conditions and subject to all applicable code provisions. Commissioner- Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Commissioner-Jeff Krauss: Approve Mayor-Carson Taylor: Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner- 1-Ho Pomeroy: Approve F 5. 07:40:22 PM Reappointment to the Building Board of Appeals (Michalson/Ulmen) 1A%a 07:40:18 PM Motion to reappoint David Wright to the Building Board o_f'Appeals with an updated term ending December 31, 2018. E Commissioner- Chris Mehl: Motion Deputy Mayor- Cynthia Andrus: 2nd i 07:40:22 PM Discussion Cr. Mehl gave reasons why he motioned to approve the applicant. 07:40:28 PM Vote on the motion to reappoint David Wright to the Building Board of Appeals with an updated term ending December 31, 2018. �i �i Commissioner- Chris Mehl: Motion Deputy Mayorynthia Andrus: 2nd Commissioner-Jeff Krauss:Approve f Page 11 of 14 January 11,2016 Bozeinan City Conrnussion Minutes Mayor- Carson Ta lor: Approve Commissioner - Chris Mehl: Approve Deputy Maw Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: prove 6. 07:40:40 PM Reappointments to the Impact Fee Advisory Committee (Michalson/Ulmcn) 07:40:39 I'm Discussion Cr. Mehl gave reasons why he motioned to approve the re-applicants. 07:41:06 PM Motion to reappoint James Nickelson anti Randy Carpenter to the Impact Fee Advisory Committee with updated terms of December 31, 2017. Commissioner- Chris Mehl: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:41:11 PM Vote on the(notion to reappoint lames Nickelson and Randy_Carpenter to the Impact Fee Advisory Committee with updated terms of December 31, 2017. Commissioner- Chris Mehl: Motion Deputy Mayor- Cynthia Andrus: 2ri—d Commissioner-Jeff Krauss: Approve Mayor-Carson Taylor: Approve. Commissioner-Chris Mehl: Approve Depirty May or-_Cynthi_a_Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 7. 07:41:51 PM Reappointments to the South Bozeman Technology District Board (Michalson/Ulmen) tAa 07:41:56 PM Discussion Cr. Mehl gave reasons why he motioned to approve the re-applicants. Page 12 of 14 Jam my 11,2016Bozeinan City Connidssion Minutes 07:42:14 PM Motion to confirm the Mayoral reappointments of Matt Johnson and Kathleen Saylor to the South Bozeman Technology District Board with updated terms ending July 8, 2019. Commissioner- Chris Mehl: Motion Deputy Mayor- Cynthia Andrus: 2nd 07:42:38 PM Discussion For the record a point of order was made about how to motions and votes are exercised, 07:43:09 PM Vote on the motion to confirm the Mayoral reappointments of Matt Johnson and � Kathleen Saylor to the South Bozeman Technology District Board with updated terms ending July 8, 2019. Commissioner-Chris Mehl: Motion Deputy Mayor- Cynthia Andrus: 2nd - - I Commissioner-Jeff Krauss: Approve Mayor-Carson Taylor: Approve Commissioner-Chris Mehl: Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner- I-Ho Pomeroy:Approve 07:43:56 PM FYI/Discussion The national citizen's survey was up for citizens, if we could get several thousand residences to respond,that would be great. Mayor Taylor request that we act quickly to get all the boards up to date. Loyal Gardens, asked if we could take this back and have it amended. The City Attorney stated that this needed to go on the agenda so that this could be re-claimed, also the constraint needs to happen prior to the decision being made. Staff stated that the 20h of January would be the date. �I 07:48:50 PM Break. I Mayor Taylor called for a break. j 0 7:51:21 PM Back to order Mayor Taylor called the meeting back to order. I. 07:51:21 PM Call to Order Executive Session- Litigation Strategy(Sullivan) City Attorney Greg Sullivan discussed_the closing of the main meeting before going into executive session Page 13of14 4 } B January 11,2016 Bozeman City Commission Minutes The Mayor may close to the public all or portions of this meeting pursuant to Sect. 2-3- 203(4)(a), MCA, if the Mayor finds the meeting involves a discussion of litigation strategy and an open meeting would have a detrimental effect on the litigation position of the City. 07:51:21 PM Regular Meeting back in session Mayor Taylor concluded the executive session and called the regular meeting back into session. 1 09:02:00 PM Adjournment Mayor Taylor Adjourned the meeting at 09:02P.M. arson Taylor Mayor tic, T#uen; CMC y`t;.- ;, City Clerk PREPARED BY: Pearl Michalson Deputy City Clerk Approved on: Page 14of14