The Bozeman City Commission voted 4-1 on June 24 to reconsider a previously denied boutique-hotel application (site plan, certificate of appropriateness and a deviation into a watercourse setback), and directed staff to re-notice the application for a new public hearing. Deputy Mayor Morrison, Commissioner Fisher, Commissioner Bodie and Mayor Cunningham voted to reconsider; Commissioner Magic voted no.
The commission took the procedural vote after staff and legal counsel explained the limited scope of tonight's decision. An assistant city attorney reminded the commission that "the code requires reconsideration to follow a two-step process" and that the only question for tonight was whether to reopen the matter, not to reargue the merits.
Why it matters: Reconsideration restarts a quasi-judicial process that will require full public notice and another hearing on the same application. If the commission votes to reconsider, the public will again have the same opportunity to present evidence and comment on the merits during the rehearing; tonight's action only approves the rehearing itself.
At the meeting, opponents urged the commission to deny reconsideration, saying the earlier hearing was full and fair. John Amston, speaking for the Bozeman Hotel Owners Association, urged commissioners "not to reconsider," saying he saw no new facts that would justify reopening the case. Resident Daniel Carty argued the applicant had been given sufficient prior notice and the commission should not reward a poor demonstration during the earlier hearing.
Supporters of reconsideration argued the absence of a commissioner at the earlier hearing and the complexity of the $54,000,000 project warranted another full public hearing. Lisonbee Sweeney, chair of the Chant Neighborhood and of the Better Bozeman Coalition, told the commission, "Please reconsider this item," and asked that the commission also examine how large projects are scheduled and noticed.
Applicant Matt Payne confirmed the applicant had submitted a written request to reconsider and said he was prepared to supply additional materials at a future hearing. Staff reminded commissioners that if the application is reconsidered it will be re-noticed and treated as a new hearing that will involve the same application materials and the same options the commission had previously (approval, approval with conditions, or denial).
Votes at a glance
- Motion: "I move to reconsider the boutique hotel site plan, certificate of appropriateness with deviation application decision, and direct staff to notice public meeting to the same." Mover: Commissioner Majid (as recorded in the meeting). Second: not specified on the record. Outcome: passed 4-1. Yes: Deputy Mayor Morrison; Commissioner Fisher; Commissioner Bodie; Mayor Cunningham. No: Commissioner Magic.
- Consent agenda (items F1 and F3–F7): moved by Commissioner Bodie; passed unanimously. The consent package included a mid-block crossing project across Oak Street for Gallatin High (a staff-school district partnership).
What happens next: Staff said the application is again a pending quasi-judicial matter and reminded commissioners that ex parte communications should cease. The commission did not set a date for the rehearing at the June 24 meeting; staff indicated public noticing would follow and that a date would be set and published.
Closing note: Several commissioners and members of the public used tonight's discussion to request clearer procedures for how reconsiderations are placed on the agenda and whether reconsideration requests should appear as action items rather than consent items. The mayor acknowledged the concern and said future requests for reconsideration would be handled as action items.