HomeMy WebLinkAbout07-11-16 CC Mtg - M1. Minutes Approval
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk
Chris Kukulski, City Manager SUBJECT: Approval of Regular Meeting Minutes from March 21, April 4, April 11, May 16, June 20, and June 27, 2016, the April 29, 2016
Local Government Roundtable Luncheon Minutes, and User Access
to Linked Minutes.
MEETING DATE: July 11, 2016
AGENDA ITEM TYPE: Minutes
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RECOMMENDATION: Approve the Regular City Commission Minutes and Local Government Roundtable Luncheon Minutes as submitted.
SUGGESTED MOTION: I move to approve the Combined City Commission Minutes from
March 21, April 4, April 11, May 16, June 20, and June 27, 2016, the April 29, 2016 Local Government Roundtable Luncheon Minutes as submitted.
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BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
AV Capture was chosen as the vendor to perform these services, and subsequently implemented.
Since August of 2013, the City Commission Minutes have been linked with audio and video. Along with the City Commission, other City Advisory Boards are beginning to utilize the system as well.
LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and
Meetings can be found at www.bozeman.net by choosing the “I want to…” icon, and selecting
the final link “Watch a commission or board meeting video.” VIEWING: Selecting a meeting should automatically start the video. The draft minutes and all
associated materials from the meeting are located under the video in the Attached Documents
area, as well as the final minutes once approved. Users can then can click on each time-stamped
hyperlink to find the section that they wish to view from the meeting. If the video does not automatically start at that point, the user may need to press play on the video itself.
The City Commission Minutes are archived in a variety of ways due to State records retention
guidelines. They are part of the Commission’s Meeting Packets as a DRAFT and are finally
scanned with a wet signature and archived as a permanent record in electronic format. Both have separate retention times.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or
email agenda@bozeman.net for assistance.
ALTERNATIVES: As suggested by Commission. FISCAL EFFECTS: None.
Attachments: Draft Minutes Report Prepared on July 1, 2016
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, March 21, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff present: City Manager, Chris Kukulski, City Attorney, Greg Sullivan, Deputy / Interim City Clerk,
Pearl Michalson
A. 06:00:53 PM Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse.
Mayor Taylor called the meeting to order at 6:00PM.
B. 06:01:02 PM Pledge of Allegiance and a Moment of Silence
C. 06:02:07 PM Changes to the Agenda
D. 06:02:20 PM Minutes
1. Approval of Regular Meeting Minutes from February 1, February 9, March 7 and
Executive Session Minutes from November 23, 2015 and User Access to Linked Minutes.
(Michalson)
06:02:20 PM Motion and Vote to approve the Regular Meeting Minutes from February 1, February
9, March 7 and Executive Session Minutes from November 23, 2015 and User Access to Linked
Minutes.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve E. 06:03:02 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services LaMeres
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Bozeman City Commission Agenda, March 21, 2016
Page 2 of 15
2. Approve Adoption of the Recreation and Parks Advisory Board Subdivision Review
Committee Procedures (Overton)
3. Authorize Mayor Signature on Bozeman Certified Local Government Grant Contract for
Historic Preservation Board Activities and a Portion of the Historic Preservation Officer's
Salary for 2016-2017 Grant 2016-003 (Saunders)
4. Authorize City Manager to Sign Notice of Award to DLM Contracting Inc. for Bozeman
Pond Park Construction (Poissant)
5. Authorize the City Manager to Sign a Memorandum of Agreement as Amended with The
Human Resources Development Council of District Nine, Inc (HRDC) To Install High
Efficiency Toilets, Showerheads And Lavatory Faucet Aerators In 51 HRDC Properties
(Leoniak)
6. Authorize Award Bid to Jack's Truck and Equipment for the Purchase of Two New Sideload
Trucks and Packers (Handelin)
7. Professional Services Agreement with Performance Link LLC to Provide Leadership
Assessment of the City Manager and Benchmarked Feedback Services (Taylor)
8. Professional Services Agreement with Morrison-Maierle Inc for Bozeman Sports Park
Traffic Impact Study (Poissant)
9. Professional Services Agreement with Design Nine Inc for Fiber Optic Engineering and
Project Management Services (Fine)
10. Professional Services Agreement with Gradient Systems for Utility and Resource Tracking
Software (Meyer)
11. Final Adoption of Ordinance 1936, Revising Chapter 2 Article 6 Division 9 Impact Fees to
Revise Definitions Authorize Reimbursement Districts and Establish Procedures for
Reimbursement District (Saunders)
12. Resolution 4682 amending the Fiscal Year 2016 (FY16) Bozeman Midtown (Formerly
North Seventh) Tax Increment Finance District Fund Budget to Include Additional
Expenditures of $150,000 for increased costs and change orders related to the completion
of Phase 2 of the North Seventh Lighting and Sidewalk Project (Fine)
13. Approve the Removal of Daniel Davis from the Bozeman Area Bicycle Advisory Board Due
to Excessive Absences (Michalson)
06:03:48 PM City Manager, Chris Kukulski gave an overview of all consent items 1-13.
06:06:08 PM Public Comment.
Mayor Taylor opened public comment.
There was no public comment.
Public comment was closed.
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06:06:17 PM Motion and Vote to approve Consent Items 1-13 as submitted.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:08:12 PM Public Comment
Mayor Taylor opened public comment.
06:08:22 PM Tom Noble, Public Comment
Tom Noble, Chair of the North East Board talked about the action item concerning Pear Street. Mr. Noble
stated that he felt that he would like to request a delay of the hearing until the urban renewal board can
have a chance to develop a position on the item. April 5th was the proposed date that Tom Noble asked
that the commission please postpone this meeting.
06:11:39 PM Nina Gray, Public Comment
Nina Gray stated that she was speaking on behalf of the Utilitarian Church and stated that she wanted to
talk about the Indigenous People’s Day proclamation and wanted to give thanks to the Mayor for making
this Proclamation.
06:14:02 PM Mary Vanthall, Public Comment
Mary Vanthall stated that she wanted to state that the urban renewal district on the east and their
reaction was something that she wanted to remind the commissioner of resolution 2732, where the
commission determined that it had a duty to protect the city streets and communities and public
interest.
06:16:23 PM Douglass Fisher, Public Comment
Douglas Fisher stated that her wanted to speak to the proclamation that the Mayor made for the
Indigenous people. He felt that this was a great educational opportunity.
06:17:56 PM Sadie Parker, Public Comment
Sadie parker a student at Morning Star Elementary School stated that she felt that the proclamation of
Indigenous people’s day was good because when Christopher Columbus came to America that he did
not discover America on his own and that Native Americans.
06:19:12 PM Public Comment Closed.
G. Mayoral Proclamation
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Bozeman City Commission Agenda, March 21, 2016
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1. 06:19:19 PM Mayoral Proclamation of Indigenous Peoples’ Day (Mayor Taylor)
06:19:27 PM Mayor Taylor gave a presentation on the Mayoral Proclamation of Indigenous People’s Day
and presented a copy of the Proclamation to Marsha Small who brought this issue to the Mayor’s
Attention.
H. Action Items
1. 06:24:43 PM Ratify City Manager Signature on Contract for Construction Work with
R&R Taylor Construction for the Phase 1 Remodel of the Stiff Professional Building
(Winn)
06:25:20 PM Staff Presentation
Assistant City Manager Chuck Winn, gave a presentation on the R&R Taylor Contract for construction for
the phase 1 Remodel of the Stiff Professional building. Chuck Winn stated that they are at or under budget.
06:30:47 PM Questions for staff
Cr. Mehl asked for an explanation about what was given in the packet about conference space and
meeting space.
Staff stated that the remodel proposal was discussed in detail as well as the public services that will benefit
because of this project. This project was presented as a smaller phase of the original design that was
presented a long time ago.
Cr. Pomeroy asked about the total base price and the alternate BID price. To which staff explained in
detail.
Cr. Krauss asked how the design came to fruition, how it would create a better work environment, public
access was also asked as well as how much input into the design that those who reside there gave into
the design to which staff responded in detail.
Director of Public Works, Craig Woolard, stated that those that work there were out of places for people
to sit and making space for people to work, was extremely important. Making better use of the space
would also be beneficial from a customer service stand point.
06:43:11 PM Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public Comment was closed.
06:43:25 PM Motion that having considered public comment and the information presented by staff, I
hereby move to ratify the City Manager’s signature for the construction services contract with R&R
Taylor Construction for the Phase 1 remodel of the Stiff Professional Building.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
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Bozeman City Commission Agenda, March 21, 2016
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06:43:58 PM Discussion
Cr. Pomeroy stated that as the city grew, there would be a need for more space, and this was the reason
why she would support this project.
Cr. Mehl stated that he would support this project because it would improve customer service
Deputy Mayor Andrus agreed with Cr. Mehl and stated that she also would support this because staff
would be able to support the community better
Cr. Krauss stated that he wished that this design was presented to the commission earlier and which he
could have had some enthusiastic support from staff.
Mayor Taylor stated that the plan was more efficient even though there were budgetary constraints to
the overall layout and design.
06:51:47 PM Vote on the Main Motion that having considered public comment and the information
presented by staff, I hereby move to ratify the City Manager’s signature for the construction services
contract with R&R Taylor Construction for the Phase 1 remodel of the Stiff Professional Building.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 06:51:11 PM A Site Plan and Certificate of Appropriateness Application Requesting to
Allow Five Multi-Unit Residential Buildings with a Total of 70 Dwelling Units Affiliated
Private Open Space, Landscaping and Surface Parking At The Property Addressed as
4835 Golden Gate Avenue -Application 15531 (Quasi-Judicial) (Brekke)
06:51:33 PM Staff Presentation
Allyson Brekke, associate planner, entered the staff presentation to public record. Mrs. Brekke, gave a
presentation on a site plan and certificate of appropriateness application requesting to allow five multi-
unit residential buildings with a total of 70 dwelling units affiliated private open space, landscaping and
surface parking at the property addressed as 4835 golden gate avenue -application 15531. Allyson
Brekke addressed public comment and the changes that were made to the original design such as height,
fire access, additional landscaping, roof design, and added guest parking. There was no change to the site
layout; the original issues that public comment had with design, traffic congestion and overall public
health and safety was also addressed during the presentation. The design review board and design review
committee both looked at and reviewed the redesign which both approved. The applicant, Shawn Kohtz
addressed the street width issue as well.
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Bozeman City Commission Agenda, March 21, 2016
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07:00:06 PM Questions for Staff
Deputy Mayor Andrus asked if people parked on both sides of golden gate, it seemed like the street would
be narrow and asked staff to address street width. Staff responded in detail.
Mayor Taylor asked for clarification of the actions from the design review board
07:03:17 PM Jesse Chase, Applicant Presentation
Mr. Chase talked about the evolution of the redesign of the Golden Gate Project. Jesse Chase stated that
comments by the DRB and residents of the Golden Gate Community were taken into account in order to
address the issues that were raised by the residents. As a result, the following modifications were made:
• Connectivity to Public Transportation
• Density reduced by 20%
• On street parking eliminated. Off street parking was added
• Traffic was reduced by half
• Redesign to views and additional landscape to provide more buffering
There were a few of the changes. Other changes were discussed in detail. The changes were presented
the Design Review Board and approved.
07:09:06 PM Jesse Subrepena, Architect
Jesse Subrepena, gave a presentation on the changes to the original site project. Communication with
residents resulted in significant changes to the design in order to address all issues. Unit density now had
70 living units decreased from 84. Reduction of height was discussed, reduced from 3 stories from 2
stories. Esthetic design was discussed in detail as well as additional feedback along Huffine lane.
07:16:34 PM Questions of the Applicant
Deputy Mayor Andrus asked about the 5 additional spaced as a surplus to the parking, clarification.
Cr. Mehl, asked if the applicant was okay with all the stipulations and conditions
Mayor Taylor asked how he would get out of the subdivision, to which the applicant responded in detail.
07:18:51 PM Public Comment
Mayor Taylor opened public comment.
07:19:18 PM Earl Shumman, Public Comment
Earl stated that affordable housing need to be encouraged and stated that golden gate was to the benefit
of all who need affordable housing. He stated that low density was good and that projects likes this
provided jobs for those that would work to build it.
07:22:26 PM Carline Klunt, Public Comment
Stated that access to the development was a concern and still had concerns with the traffic in and out of
the subdivision.
07:23:57 PM Chad Randash, Public Comment
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Bozeman City Commission Agenda, March 21, 2016
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Chad Randash stated that the growth was a concern and was happy that the applicant addressed
homeowners concerns. The time and money put forth to address resident concerns was positive.
07:25:38 PM Public Comment Closed.
07:25:43 PM Motion that having reviewed and considered the application materials, and all the
information presented, I hereby adopt the findings presented in the staff report for application 15531
and move to recommend approval of the Golden Gate Condominiums Site Plan and Certificate of
Appropriateness with conditions and subject to all applicable code provisions.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:26:24 PM Discussion
Cr. Krauss wondered if within the neighborhood, did the two story homes responded to the context of
the rest of the development and would the road be sufficient enough to carry the traffic of the entire
neighborhood to which he felt it did. Commissioner went into more detail about what he saw in the
redesign of this project.
Deputy Mayor Andrus stated that as a liaison to the Design Review Board, the response to the changes
was remarkable. The applicant really listened to the residence and really applauded the group.
Cr. Pomeroy stated that she was very thankful that the applicant listened to the homeowners concerns.
Cr. Mehl stated that the rules and regulations in place are usually made to protect property owners,
however he stated that when these things conflict, they hope that these things could be worked out but
appreciated the fact that both sides were able to come together.
Mayor Taylor explained why the commission made decision to take back this project and applauded the
applicant and citizens for working together.
07:39:25 PM Vote on the Motion that having reviewed and considered the application materials, and
all the information presented, I hereby adopt the findings presented in the staff report for application
15531 and move to recommend approval of the Golden Gate Condominiums Site Plan and Certificate of
Appropriateness with conditions and subject to all applicable code provisions. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
07:39:31 PM Break
Mayor Taylor called for a break until 10 minutes to 8:00PM.
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Bozeman City Commission Agenda, March 21, 2016
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07:52:24 PM Session Resumed
Mayor Taylor called the meeting back to order at 7:52PM.
3. 07:52:29 PM A Combined Site Plan And Conditional Use Permit (CUP) Application
Requesting The Expansion of a Community Center Building At 325 North 25th Avenue
For The Unitarian Universalist Fellowship First Home with Associated Parking and
Landscape Improvements Application 15576 (Quasi-Judicial) (WerBell)
07:53:33 PM Staff Presentation
Mitch WerBell, Associate Planner, gave a presentation on a combined site plan and conditional use permit
(cup) application requesting the expansion of a community center building at 325 north 25th avenue for
the Unitarian Universalist fellowship first home with associated parking and landscape improvements,
application 15576. The type of materials used was discussed as well that the applicant and project
representative followed up with the site plan submittal and was able to come to an agreement on site.
Public comment was discussed as well as the recommendations of the Development Review Committee.
Conditional use and conditions of approval was discussed with and agreed by the applicant.
07:57:57 PM Questions for Staff
Cr. Krauss asked about the footprint expansion as well as the request of bike parking to which staff
responded in detail.
Cr. Pomeroy asked staff to clarify the use of the word community center in the wording in the application.
Cr. Mehl asked how the paving of the parking lot would be addressed.
08:01:16 PM Applicant
Mike Balch, the applicant with C&H Engineering, talked about the landscape plan as well as the
architectural elevations. Floor plans were discussed in detail.
08:03:59 PM Questions for the Applicant
Cr. Mehl asked if the applicant was ok with what was presented in the staff report, to which the
applicant responded that he was.
08:04:26 PM Public Comment
Mayor Taylor opened public comment
08:04:27 PM Rachel Spruce, Public Comment
Rachel Spruce stated that she was in support of this project.
08:05:07 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 15576 and move to approve the Unitarian Universalist Site Plan and Conditional Use
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Bozeman City Commission Agenda, March 21, 2016
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Permit to allow the expansion of a community center building with associated parking and landscape
improvements, with recommended conditions and subject to all applicable code provisions.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
08:05:39 PM Discussion
Deputy Mayor Andrus stated that she supported this project and gave reasons why.
Cr. Mehl stated that she supported this project and gave reasons why.
Cr. Pomeroy stated that she supported this project and gave reasons why.
Cr. Krauss stated that she supported this project and gave reasons why.
08:07:48 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 15576 and move to approve the Unitarian Universalist Site Plan and Conditional
Use Permit to allow the expansion of a community center building with associated parking and
landscape improvements, with recommended conditions and subject to all applicable code provisions.
Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 08:08:46 PM Conditional Use Permit (CUP) Application to Allow the Sales of Alcohol
for On-Premise Consumption in a Planned Restaurant Tenant Space within the
Element Hotel Application 15498 (Quasi-Judicial) (WerBell)
08:09:05 PM Staff Presentation
Assistant City planner Mitch Warbell submitted his staff report into the record and gave a presentation
on a conditional use permit (cup) application to allow the sales of alcohol for on-premise consumption in
a planned restaurant tenant space within the element hotel application 15498.
08:11:59 PM Questions for the applicant
Deputy Mayor Andrus asked if we grant alcohol applications without looking at the final site layout, and
asked what would happen if there was no seating plan to which staff responded in detail.
Mayor Taylor explained how he understood this project.
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Bozeman City Commission Agenda, March 21, 2016
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08:16:26 PM The applicant talked about the order in which the applicant goes about applying for a CUP
as well as the requirements through the state and how the decision was made.
Cr. Mehl asked if the applicant agreed with the staff report to which he agreed.
08:17:56 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
08:17:57 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 15498 and move to approve the Element Hotel On-Premise Consumption of Alcohol
Conditional Use Permit with conditions and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:18:31 PM Discussion
Cr. Mehl stated that he believed that the staff report covered all the concerns that he may have had
with this particular application and he was satisfied with what was presented.
Cr. Pomeroy stated that in order to be competitive downtown, alcohol consumption was needed.
Cr. Krauss stated that he appreciated all the effort that went into this hotel.
08:21:12 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 15498 and move to approve the Element Hotel On-Premise Consumption of
Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. Motion
passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
5. 08:21:42 PM Provisional Adoption of Ordinance 1927 Amending Chapter 2 Article 5
Division 6 Historic Preservation Advisory Board to Revise Membership Duties of the
Board Staffing Powers and Duties and Meeting Provisions (Saunders)
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Bozeman City Commission Agenda, March 21, 2016
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08:21:52 PM Staff Presentation
Chris Saunders gave the history of the membership of the historic preservation board and gave the
commission the 6 provisions within the ordinance. Which were:
• Purposes of the board
• Role of historic preservation officer
• Membership
• Role of the Historic Preservation Officer selection
• Meeting schedule
• Powers and Duties.
08:26:15 PM Questions for Staff
Cr. Krauss asked the City Attorney what it would mean to abstain as a member of an advisory board.
The city attorney stated that the rules of procedure for board members did not provide any avenue for a
board member to abstain other than a conflict of interest. Meaning, that a board member could not
abstain and must vote unless there was a conflict of interest.
Cr. Pomeroy asked for clarification on the number board member currently on board and in the future
to which staff clarified that the recommendation presented to the commission of the number of
members on this board would be seven members.
Deputy Mayor Andrus asked if any of there meetings happened with a corrum and asked the city
attorney, what the proper procedure would be that a commissioner attending should identify
themselves as either a commissioner or as a citizen.
08:33:39 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public comment was closed.
08:33:47 PM Motion to provisionally adopt Ordinance 1927.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
08:34:09 PM Discussion
Cr. Pomeroy supported the reduction of attendance.
Cr. Krauss agreed with Cr. Pomeroy and gave reasons why.
08:35:07 PM Friendly Motion on the main amendment to the main motion that the historic
preservation advisory board will conduct no more than one regularly scheduled meeting a month.
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Bozeman City Commission Agenda, March 21, 2016
Page 12 of 15
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
08:36:36 PM Discussion
08:42:17 PM Discussion continued
Mayor Taylor clarified that monthly meeting and quarterly or monthly at the discretion of the board and
not staff.
08:43:23 PM Deputy Mayor Andrus withdrew her friendly amendment, to clarify that the historic
preservation board have regular monthly meetings at the discretion of the board.
08:47:46 PM Vote on the friendly amendment to meet monthly as needed.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:48:47 PM Vote on the main motion as amended.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
6. 08:49:29 PM Public Hearing on Petition By Kenneth Vandewalle to Discontinue a
Portion of Pear Street Adjacent to Blocks 97 And 99 Northern Pacific Addition and
Adoption Of Resolution 4666 - Resolution of Intent to Discontinue said Street (Kerr)
08:50:08 PM Staff presentation
Andy Kerr gave a presentation discussing the Public Hearing on Petition By Kenneth Vandewalle to
Discontinue a Portion of Pear Street Adjacent to Blocks 97 And 99 Northern Pacific Addition and
Adoption Of Resolution 4666 - Resolution of Intent to Discontinue said Street. Andy Kerr gave
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Bozeman City Commission Agenda, March 21, 2016
Page 13 of 15
clarification about the booster station and the concerns about the water mains and that they did not
want to have the access or water mains affected. The right away encroachment was discussed in detail
as well as reasons why the applicant requested to vacate this area. Upon approval a final would be
brought back before the commission to approve.
08:57:07 PM Questions for staff
Cr. Mehl asked what would happen to lot 27 to which staff responded in detail.
Cr. Pomeroy thanked staff for responding quickly as well and asked staff if it was fair to request that this
item be extended to which the city manager stated that they take very seriously the abandonment to
the right away and that the commission may have all that they need to make a decision tonight.
Cr. Krauss asked for clarification about what was being abandoned to which staff responded in detail.
Mayor Taylor asked what it meant to the city to aquire the right away property and fee. The city
attorney answered in detail.
Cr. Mehl asked the city attorney clarification of a land exchange and also asked staff member Brit
Fontenot if the parcel that was referenced the same trail that was referenced in the past.
09:13:18 PM Ken Vandewalle, Applicant
Mr. Vandewalle clarified the Pear street right away and what the bounderies of it were according to how
they understood it. Additionally, Mr. Vanderwalle did not what to encroach on any city owned land. He
wanted to invest into the city park with new fences and new gates connected to the trails.
09:18:21 PM Questions for the applicant
Mayor Krauss asked the city attorney if the city could trade right-a-ways with the applicant to which the
city attorney responded.
Ken Vandewalle explained what happened when they acquired the land and what they were trying to do
in the future.
09:20:33 PM Public Comment
None
09:20:38 PM Discussion Continued
The applicant passed around a drawing of his lot and explained why it was difficult to survey.
The applicants copy has been entered into public record
Cr. Krauss asked why the land did not split 50-50 to which the applicant responded in detail and also
suggested that this be postponed until the issue could be resolved.
The city manager responded in detail.
09:29:25 PM Motion to postpone this until after North East Urban Renewal Board has a chance to
review.
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Bozeman City Commission Agenda, March 21, 2016
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Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:30:56 PM Discussion
Reasons to request postponement in a month.
Deputy Mayor Andrus stated that she supported this motion and wished for this to be placed on a April
18th agenda.
Cr. Mehl stated that the Montana rail company may not respond and Cr. Krauss also responded.
Cr. Pomeroy supported this motion and gave reasons why.
09:36:48 PM Friendly amendment to put a time certain, April 11th, on the motion.
09:38:58 PM (03:38:36) Discussion Continued
09:40:34 PM (03:40:12) Motion that having conducted a public hearing and considered public comment,
I move to adopt the findings provided in the staff memorandum and approve the petition by Kenneth
VanDeWalle to discontinue the portion of Pear Street adjacent to Blocks 97 and 99 of the Northern
Pacific Addition as shown on Exhibit A of Resolution 4666 and adopt Resolution 4666, a Resolution of
Intent to discontinue the street right-of-way and request staff bring back a final resolution to
discontinue this right-of-way. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
I. FYI/ Discussion
09:41:10 PM Clean Up Bozeman
09:41:58 PM Staff Presentation
Kevin Handelin gave a staff presentation on a New Program, clean up Bozeman which talked about
cleaning up all debris however given the climate, there was a low participation rate. In order to promote
more participation, the cleanup Bozeman program will partner with the cleanup Bozeman event already
in place in order to clean up the city, the solid waste department would provide kits to make it easy for
citizens to participate. More information would be located on BozemanSolidWaste.com
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Bozeman City Commission Agenda, March 21, 2016
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As of now, the Bozeman clean up day during earth week will first start on April 23, 2013 at the Bozeman
Library at 8:00AM. This would be in conjunction with the earth day program already in place.
09:49:52 PM Questions for Staff
Cr. Krauss asked if this was similar to adopt a neighborhood or trail. After clean up, staff clarified that
bags be left on an Avenue.
FYI- Boys and Girls club trust of public land was published.
J. 09:53:38 PM Adjournment
Mayor Taylor Adjourned the meeting at 09:53PM
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
23
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 04, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff present: City Manager, Chris Kukulski, City Attorney, Greg Sullivan, Deputy City Clerk, Pearl
Michalson
A. 06:00:25 PM Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. 06:00:32 PM Pledge of Allegiance and a Moment of Silence
C. 06:01:36 PM Public Service Announcements
1. 06:01:52 PM Clean up day (Johnson)
Jessica Johnson, Neighborhood Coordinator gave a presentation on the 2016 Annual Clean up Day Kick-
off. Jessica talked about the history of clean up day as well as information about where groups and
individuals can go on the city of Bozeman website to sign up. Terry Quatraro, the Bozeman
Beautification Board Chair also gave an overview about the Beautification Board and its history and
involvement in clean up day.
D. 06:12:04 PM Changes to the Agenda
06:12:18 PM City Manager, Chris Kukulski, introduced the new City Clerk Robin Crough to the City
Commissioners.
E. Authorize Absence - Deputy Mayor Andrus
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06:13:09 PM Vote on the absence of Deputy Mayor Andrus.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:13:18 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Ratify City Manager Signature on Architectural Services Agreement with ThinkOne
Architects for Phase 1 Stiff Professional Building Interior Alterations (Winn)
3. Allison Subdivision Phase 3A Final Plat, Application 15513 Authorize the Director of
Public Works to Approve and Execute the Same on Behalf of the City of Bozeman upon
Review and Approval by the City Attorney’s Office (Krueger)
4. Fire Hydrant Easement for the Cannery District (Murray)
5. 2016 HUD Area Median Income Figures and Publishing Schedule for Affordable Housing
Price Points (Thomas)
6. Provisional Adoption of Ordinance 1940- Granting Crash Investigators the Necessary
Authority to Perform Their Function (McLane)
7. A Resolution of The City Commission of The City Of Bozeman, Montana, to Revise The
Future Land Use Map, Figure 3-1, of The Bozeman Community Plan That Would Change
The Future Land Use Map Designation From Industrial to Regional Commercial And
Services on 7.406 Acres of Property Addressed As 1 Simmental Way (Brekke)
06:14:23 PM City Manager, Chris Kukulski gave an overview on consent items 1-7.
06:14:29 PM Public Comment
Mayor Taylor opened public comment.
06:14:41 PM Steve Crawford, Public Comment
Steve Crawford introduced the civilian crash investigator, Matt Smith.
06:15:58 PM Public Comment Closed.
Mayor Taylor closed public comment.
06:16:06 PM Motion and Vote to approve Consent Items 1-7 as submitted.
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Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
G. 06:16:39 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
H. Mayoral Proclamation
1. 06:18:13 PM National Service Day April 5th (Taylor)
06:18:25 PM Mayor Taylor read the National Service Day Proclamation, to take place on April 5th.
I. 06:20:20 PM Special Presentation
06:20:45 PM Presentation of National Fire Academy: Executive Fire Officer to Chief Joshua
Waldo. (Taylor)
06:20:59 PM Mayor Taylor presented the National Fire Academy recognition recommendation to
executive fire officer to Chief Joshua Waldo.
06:22:55 PM Progress Update on Issues Raised by City Commission During The Policy
Discussion on January 25, 2016 Concerning Floodplain Development and Draft FEMA
Floodplain Maps for Bozeman Creek and Tributaries (Heaston)
06:23:12 PM Staff Presentation
Brian Heaston gave a presentation on the progress update on issues raised by city commission during
the policy discussion on January 25, 2016 concerning floodplain development and draft FEMA floodplain
maps for Bozeman creek and tributaries. Brian Heaston gave a brief overview on the progress update on
Mill Ditch Flood control evaluation, the general evaluation of FEMA Hydraulic Model. There would be a
Floodplain ordinance hearing in July and August in the event that the commission chose to pursue any of
the three options that staff gave in their presentation.
06:28:59 PM Questions for staff
Cr. Krauss asked about the 2/3 Mill Capacity as well as inquired about the FEMA study to which staff
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responded in detail.
Cr. Mehl asked about the budget and the proposed RFP to which staff responded briefly.
J. Action Items
1. 06:32:54 PM Resolution 4678 Creation of Special Improvement Lighting District 731
for Allison Subdivision Phase III (Rosenberry)
06:32:56 PMStaff presentation
Anna Rosenberry, Finance Director gave a presentation on resolution 4678 on the creation of the
lighting district on the area of Grass street and Mcnab street. The district would have two lighting
fixtures, the developer will pay for the cost of the lights and the lighting district will pay for the
electricity and the maintenance of the lights. This district would cost $17.50 a year.
06:34:09 PM Questions for Staff
Mayor Taylor asked if there were questions for staff
There were no questions for staff.
Questions for staff were closed.
06:34:16 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:34:24 PM Motion to Approve Commission Resolution No. 4678/Creation of Special Improvement
Lighting District #731 for Allison Subdivision Phase III
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
06:34:42 PM Discussion
Cr. Krauss stated that he appreciated what the staff and developers have done so far.
06:35:32 PM Motion and Vote to Approve Commission Resolution No. 4678/Creation of Special
Improvement Lighting District #731 for Allison Subdivision Phase III. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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06:37:00 PM Clarification
The city manager gave clarification to the commission about what the staff is proposing to do with this
informal review of this action item.
2. 06:37:52 PMAn Informal Application for The Sacajawea Middle School Upgrade and
Expansion Project at The Bozeman School District 7 Owned Property Located At 3525
South 3rd Avenue, Application 16064 (Brekke)
06:38:03 PM Staff presentation
Allyson Brekke, gave a presentation on an informal application for the Sacajawea middle school upgrade
and expansion project at the Bozeman school district 7 owned property located at 3525 south 3rd avenue,
application 16064. Brekke stated that staff was anticipating more information from the school district.
Standard noticing was discussed as well as the overall expansion of the middle school. Emergency access
was discussed as well as shared use path ways.
06:42:48 PM Questions for staff
Mayor Taylor asked if there were questions for staff
There were no questions for staff.
Questions for Staff was closed.
06:43:14 PM Applicant presentation
Applicant, Brad Dahl, gave a presentation on their application, specifically the existing floor plan, the new
library, a music extension as well as a student drop off expansion. An elective wing, the gymnasium and
the two phases in which the expansion would happen was discussed.
06:47:32 PM Questions for Applicant
Cr. Krauss asked the school district if they wanted to present anything further. Infrastructure was
discussed briefly, and the intersection for safe routes for school asked about and discussed. School district
representative Todd Swinehart responded briefly.
Cr. Mehl talked about the inter-local agreement and asked about clarification on the exemptions that the
school district was requesting to which the school district representative responded. Landscape
regulations were also asked about and responded to by Daniel Scharf with Sanderson Stewart.
Cr. Krauss talked about rain gardens and the parking lot standards in the past as an example of reasons
why they ask certain questions about these issues.
Mayor Taylor about the grade wings and how they might affect the climate.
07:00:03 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public comment was closed.
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04-04-16 Draft City Commission Meeting Minutes
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07:00:31 PM No motion needed.
Mayor Taylor stated that this was simply a discussion topic and no motion was needed.
07:00:49 PM Discussion continued
Cr. Mehl talked about the trail system as well as properties that might have been affected due to this
project.
Cr. Pomeroy stated that she supported this project and gave reasons why.
Mayor Taylor talked about areas of the project that he liked as well as trails, landscaping, as well as
other reasons why he liked this project.
3. 07:06:01 PM Downtown East Main ZMA Requesting Amendment of The City Zoning
Map For 25.82 Acres From B-2 (Community Business) District And R-4 (High Density
Residential) District to B-3 (Central Business) District And PLI (Public Lands And
Institutions)District Project Location: Between Broadway Avenue and S. Wallace
Avenue And From E. Mendenhall Street to E. Story Street. Specific Addresses Are:
608-777 East Main Street, 24 North Wallace Avenue, and 710-714 East Mendenhall
Street (Saunders)
07:07:05 PM Staff presentation
Tom Rogers, associate planner gave a presentation on the downtown east main ZMA requesting
amendment of the city zoning map for 25.82 acres from b-2 (community business) district and r-4 (high
density residential) district to b-3 (central business) district and PLI (public lands and institutions)district
project location: between Broadway Avenue and S. Wallace Avenue and from E. Mendenhall Street to E.
Story street. specific addresses are: 608-777 East Main street, 24 North Wallace Avenue, and 710-714
East Mendenhall street and entered his staff report into public record.
Analysis of the review criteria was discussed as well as zoning correlation in B-2, B-3, and PLI. Public
Comment was discussed and included in the notice, and these changes were reviewed by the Design
Review Board.
07:12:36 PM Questions for Staff
Cr. Pomeroy asked staff what they wanted to accomplish, as well asked if the applicant was eliminating
making more homes by doing this to which staff responded in detail.
Cr. Mehl asked about flexibility and assuring the owners of pre-existing use in its current state, to which
staff responded in detail.
Cr. Krauss asked about industrial use to which staff responded in detail.
Mayor Taylor asked about B-3 and
07:19:45 PM Applicant presentation
Chris Naumann, the executive director of the downtown Bozeman partnership, and applicant stated that
this application was to align the zoning with the growth policy as well as the B-3 Urban Commercial
Zoning District was specific to downtown, B-2 Commercial Zoning is more defined as a suburban
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04-04-16 Draft City Commission Meeting Minutes
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commercial zoning district and felt that it was germane that these two were aligned together. Zoning
provisions were discussed as well.
07:21:48 PM Questions for Applicant
Cr. Pomeroy asked about the different zoning and asked if the applicant wanted to change B-2 zoning to
the B-3 Boundary to extended it to meet the other downtown boundary to which the applicant clarified.
07:22:28 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public comment was closed.
07:22:37 PM Motion that having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the staff
report for application 15-579 and move to approve the Downtown East Main Zone Map Amendment,
with contingencies required to complete the application processing
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:22:57 PM Discussion
Cr. Mehl talked about housekeeping and the benefit to all those in the area. He also stated that he was
in support and gave other reasons why.
Cr. Pomeroy stated that she was glad that B-3 was extended, that she supported this application and
gave other reasons why.
Cr. Krauss stated that he felt that B-3 protected public land as well as this would bring us in compliance
with the downtown business plan and gave other reasons why he supported this plan.
Mayor Taylor stated talked about PLI and B-3
07:26:38 PM Motion and Vote that having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 15-579 and move to approve the Downtown East Main Zone Map
Amendment, with contingencies required to complete the application processing. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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4. 07:27:28 PM Provisional Adoption Of Ordinance 1941 – An Ordinance Ratifying The
City Manager Signature on a Purchase and Sale Agreement Transferring Ownership
of The North Park Property to Micropolitan Ent., LLC And Powder River Comp., LLC.
(Fontenot)
07:27:36 PM Staff presentation
Brit Fontenot, Director of Economic Development, gave a presentation on the provisional adoption of
Ordinance 1941 – an ordinance ratifying the city manager signature on a purchase and sale agreement
transferring ownership of the north park property to Micropolitan Ent., LLC and Powder River Comp.,
LLC.
Appraised value, the land lease, and the history of this agreement was discussed.
07:30:48 PM Applicant Presentation
Applicant Erik Nelson with ThinkTank talked about the process to access the property in an efficient
manner as well as the process with the land board.
07:32:35 PM Questions of Staff
Cr. Pomeroy asked staff about the cost per acre and if this was the highest price of $19,391.00 for tax
payers to which staff responded in detail.
Cr. Mehl asked for clarification for staff on the land price, time frame, and zoning to which staff
responded in detail.
07:37:06 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
07:37:13 PM Motion to provisionally adopt Ordinance 1941 and direct staff to return to the Commission
for a second reading on the April 18, 2016 Consent Agenda.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
07:37:40 PM Discussion
Cr. Pomeroy stated that this liked this project and stated why she supported it.
Cr. Krauss reminded that this needed all commissioners to vote for this in order to pass.
Mayor Taylor stated that making this zoning to the benefit of the community was positive
Cr. Mehl stated that he agreed with previous statements.
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07:40:12 PM Motion and Vote to provisionally adopt Ordinance 1941 and direct staff to return to the
Commission for a second reading on the April 18, 2016 Consent Agenda. Motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
5. 07:40:53 PM (Re) Appoint Applicant and County Recommended Appointee to the
Bozeman Area Bicycle Advisory Board (Michalson)
07:40:41 PM Motion and Vote to appoint Jason Karp county appointed applicant with a term expiring
on December 31st, 2016. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
6. 07:41:27 PM Appoint New (City Appointed ) Applicant to City-County Board of Health
(Michalson)
07:41:28 PM Motion to appoint Seth Walk to the City Appointee Position on the City-County Board of
Health with a term expiration of January 8, 2019.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:41:38 PM Discussion
Cr. Mehl stated that the board lost some previous members with specific expertise to which this Seth
Walk had and for this reason he was nominated.
07:41:57 PM Motion and Vote to appoint Seth Walk to the City Appointee Position on the City-County
Board of Health with a term expiration of January 8, 2019. Motion passed 5-0.
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Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
K. 07:42:18 PM FYI/Discussion
Cr. Mehl stated that he would like for staff to please get things to them on time
City Manager stated that the Wallace Street BID was several hundred thousand dollars
below the estimate
L. 07:43:49 PM Adjournment
Mayor Taylor adjourned the meeting at 7:44PM
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
33
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 11, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff present: City Manager, Chris Kukulski, Assistant City Manager, Chuck Winn, City Attorney, Greg
Sullivan, and Deputy/Interim City Clerk Pearl Michalson
A. 06:00:31 PM Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM
B. 06:00:39 PM Pledge of Allegiance and a Moment of Silence
C. 06:01:42 PM Changes to the Agenda
City Manager Chris Kukulski stated that H3 needed to be continued to next week.
D. Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize City Manager to Sign Memoranda of Agreement with the Gallatin Local
Water Quality District Montana Conservation Corps and MSU Extension Water
Quality as well as PSA Amendment 7 with HDR Engineering in Connection with
Project WW27 of the Approved FY 17 Wastewater Fund CIP (Heaston)
3. North Wallace Avenue Reconstruction Project Notice of Award (Murray)
4. Addendum to Professional Services Agreement for Irrigation Services in Public Right
of Ways (Leoniak)
5. A License Agreement with Gallatin Valley Land Trust for Bozeman Pond Park
Expansion Project (Poissant)
6. Approve Request for Cash in Lieu of Parkland Dedication for the Reach Group Home
Site Plan 2752 Durston Road Application Z15098 (WerBell)
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7. Authorize the City Manager to Sign Memorandum of Understanding (MOU)
Between and Among Eckroth Plaza Montana LLC and the City of Bozeman for the
Bozeman Midtown Urban Renewal District’s Street Lighting and Sidewalk Project
(Fine)
8. Authorize the City Manager to Sign Public Access and Street Lighting Easements
Procured for the Bozeman Midtown Urban Renewal District’s Street Lighting and
Sidewalk Project (Fine)
9. Authorize City Manager to Sign Reclamation And Development Grant Agreement
RITP-16-0121 With The CARDD Division Of MT DNRC Granting $50,000 to The City of
Bozeman to Complete a Hydrogeologic Investigation and Groundwater Model and
Authorize The City Manager to Sign Amendment 1 to the Professional Services
Agreement With Respec to Incorporate Grant Funding And Tasks into The
Groundwater Investigation Project (Heaston)
10. Final Adoption of Ordinance 1927 Amending Chapter 2 Article 5 Division 6 Historic
Preservation Advisory Board to Revise Membership Duties of the Board Staffing
Powers and Duties and Meeting Provisions (Saunders)
11. Ordinance 1925 Authorizing the City Manager to Enter into a 12-Month Ground
Lease with Bill Tatarka for the Lease of the North Park (Mandeville Farm) Property
for the Purpose of Farming (Fontenot)
12. Resolution 4685 - Land and Water Conservation Fund Grant Application for the
Northwest Bozeman Wayfinding Station at the Bozeman Sports Park (Poissant)
13. Approve a Beer and Wine License for Bisl Food of Bozeman Montana to Sell Beer
and Wine at 33 W Main Street (Rosenberry)
06:04:30 PM The City Manager gave an overview of consent items 1-13.
06:05:49 PM Public Comment
Mayor Taylor opened general public comment
There was no public comment
Public Comment was closed.
06:06:03 PM Motion and Vote to approve Consent Items 1-13 as submitted.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
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Commissioner - I-Ho Pomeroy: Approve
E. 06:06:20 PM Public Comment
Mayor Taylor opened public comment.
06:07:39 PM John S., Public Comment
John stated that there was a need for renewable energy, I180 was discussed in order to provide re-
training for coal workers, agriculture, tourism, etc. The intention is to get it on the ballot 25,000
signatures would be needed in June to decide if this should be on the ballot in November. John stated
that he hoped the city would support this in a positive and constructive way.
06:10:48 PM John Howel, Public Comment
Talked about the text amendment on the North 7th Midtown Zoning Plan. He stated that a 60/ft height
would be desired to be changed. Aspen street was discussed as well as code provisions and mixed use
streets, specifically waiving store front structure…. Provisions currently in place with the landscape
provision was discussed
06:13:40 PM Public Comment Closed
F. 06:14:02 PM Mayoral Proclamation
1. National Crime Victims’ Rights Week April 10-16, 2016 (Taylor)
06:14:29 PM Mayor Taylor gave an address on the Mayoral Proclamation addressing National Crime
Victims’ Rights the week of April 10-16th 2016.
G. Special Presentation
1. Bike Board Presentation (Van Delinder) *Moved to April 18th*
H. 06:16:57 PM Action Items
1. Continue the Public Hearing on the True Dragon Brewery Site Plan, Certificate of
Appropriateness and Conditional Use Permit, Application 15554 (WerBell)
06:17:08 PM Staff Presentation
Director of Community Development, Wendy Thomas asked the Commission if they could move this
item.
06:17:39 PM Motion to hereby continue the public hearing on Application 15554, True Dragon
Brewery Site Plan, Certificate of Appropriateness and Conditional Use Permit from April 11, 2016 to
April 25, 2016.
Deputy Mayor - Cynthia Andrus: Motion
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April 11, 2016 Draft City Commission Minutes
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Commissioner - I-Ho Pomeroy: 2nd
06:17:55 PM Discussion
There was no discussion.
06:18:19 PM Vote on the motion to hereby continue the public hearing on Application 15554, True
Dragon Brewery Site Plan, Certificate of Appropriateness and Conditional Use Permit from April 11,
2016 to April 25, 2016. Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 06:18:46 PM Public Hearing on Petition by Kenneth VanDeWalle to Discontinue a
Portion of Pear Street adjacent to Blocks 97 and 99, Northern Pacific Addition and
Adoption of Resolution 4666 – a Resolution of Intent to Discontinue Said Street
(Kerr)
06:18:54 PM Staff presentation
Andy Kerr gave the public a brief overview of this application.
06:19:43 PM Question for Staff
There were no questions for staff.
06:20:01 PM Applicant
Applicant Kennith VanDeWalle discussed the possibility to exchange lot 27 with Pear Street as well as a
formal appraisal.
06:21:10 PM Questions for Applicant
There were no questions for the applicant.
06:21:32 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public comment was closed.
06:21:43 PM Motion that having conducted a public hearing and considered public comment, I move
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April 11, 2016 Draft City Commission Minutes
Page 5 of 16
to adopt the findings provided in the staff memorandum and approve the petition by Kenneth
VanDeWalle to discontinue the portion of Pear Street adjacent to Blocks 97 and 99 of the Northern
Pacific Addition as shown on Exhibit A of Resolution 4666 and adopt Resolution 4666, a Resolution of
Intent to discontinue the street right-of-way and request staff bring back a final resolution to
discontinue this right-of-way.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
06:22:33 PM Discussion
Cr. Pomeroy talked about the applicant and the communication between the board and the applicant.
Cr. Krauss talked about ways in which the commission was going about this. The Urban Renewal board
was satisfied with what was presented
Cr. Mehl stated that city staff found that there was no harm to public interest; there were four findings
that were looked at in the staff findings. He appreciated that applicant amending issues that were
brought up by staff.
Deputy Mayor Andrus stated that going forward she felt that we would see continued improvement in
that area. She stated that she would support this resolution
Mayor Taylor stated that he would be open to an inexpensive option. Appraisals, easements, and swaps
were discussed briefly.
06:27:24 PM Vote on the motion that having conducted a public hearing and considered public
comment, I move to adopt the findings provided in the staff memorandum and approve the petition
by Kenneth VanDeWalle to discontinue the portion of Pear Street adjacent to Blocks 97 and 99 of the
Northern Pacific Addition as shown on Exhibit A of Resolution 4666 and adopt Resolution 4666, a
Resolution of Intent to discontinue the street right-of-way and request staff bring back a final
resolution to discontinue this right-of-way. Motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 06:28:05 PM A Combined Commercial Certificate Of Appropriateness (CCOA) And
Conditional Use Permit (CUP) Application was Submitted to The Planning Division of
Bozeman Department of Community Development Requesting the Addition of an
Exterior Patio Serving Area Located West of The Existing Building Addressed At 105
West Main Street Which is Within The B-3 (Central Business) Zoning District (Brekke)
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06:28:11 PM Staff Presentation
Community Development Director Wendy Thomas, asked the commission to continue this item until
April 18th.
06:28:42 PM Public Comment
Mayor Taylor opened Public Comment
There was no public comment
Public comment was closed.
06:29:08 PM Motion to continue this hearing until April 18th.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
06:29:23 PM Vote to continue this item until April 18th. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Consider the motion: 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
15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption Conditional Use
Permit with conditions and subject to all applicable code provisions
4. 06:30:17 PM A Text Amendment to Amend the Bozeman Municipal Code (BMC) to
Create New Zoning Districts to Implement the Midtown/North 7th Avenue Corridors
plans Amend the City Zoning Map and Modify the Entryway Corridors (Rogers)
06:30:32 PM Staff Presentation
Tom Rogers, associate planner, gave a presentation on a text amendment the Bozeman Municipal Code
(BMC) to create new zoning districts to implement the Midtown/North 7th Avenue Corridors plans
amend the city zoning map and modify the entry way corridors. Tom Rogers talked about Midtown
zoning, the entryway corridor, and its boundaries. The time line, when this would go into effect
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immediately was discussed. There were many details that were discussed concerning Aspen street, the
urban design and feel as well as sidewalk, proximity to the street and mixed use development in detail.
Text, parking location requirements, a reduction in bedrooms were discussed as well as building heights,
residential mixed use and other midtown zoning restrictions were discussed in detail.
06:56:27 PM Questions for Staff
Cr. Krauss asked staff to go back to the before and after current midtown zoning districts to the
proposed midtown zoning districts
Deputy Mayor Andrus asked about parking, specifically the three proposed changes to which staff
responded in detail in regards to both commercial and residential properties. For example, one
bedroom would equal 1.5 allowable parking spaces, commercially parking would be reduced and mixed
use properties would be allowed more parking spaces. R4 to R5 zoning changes as well as R3, and public
comment was discussed in detail.
The North 7th corridor plan was also discussed as well as noticing and any implications to areas affected
to property owners.
Cr. Pomeroy asked about the expansion and adoption of the urban renewal district and asked for
clarification on if residence had been adequately informed about what would actually happen
concerning the changes in their community.
Cr. Mehl asked for clarification on parking for a new construction storefront, for example the fact that
3000ft would be exempt from parking requirements. Staff responded in detail about the proposed
developments.
Staff (Parking Manger Thomas Thorpe) responded to the question of whether we should give an
exemption to developers or incentives in regards to parking as a development tool.
Cr. Krauss asked for clarification on relaxing parking in the B-2M for development along Aspen.
Cr. Mehl asked for clarification within the TIF boundary and asked staff to address traffic concerns and
city and county jurisdiction was discussed as well it detail.
Cr. Krauss asked about intersection changes in midtown and what evaluation/intersectional changes
were made.
Mayor Taylor asked about R4 zoning as well as when they were built. The height difference between R-4
and R-5, density difference, and lot coverage.
Protest forms were discussed.
07:46:58 PM Break
Mayor Taylor called for a break until five of 8.
07:55:25 PM Meeting back in session
Mayor Taylor called the meeting back in session.
07:55:51 PM Public Comment
Mayor Taylor opened Public Comment.
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07:55:58 PM Glen Monahan, Public Comment
Mr. Monahan stated that he understand Bozeman is growing but stated that his neighborhood would be
negatively impacted by these changes. And he stated that he felt that there was a lack of community
involvement or knowledge about what these changes and zone numbers entails. Concerns to the
impacts to his neighborhood was a major concern and especially worrisome. The new high school, low
income development and a feeling of rushed character was discussed.
08:01:38 PM Nancy Shultz, Public Comment
Ms. Shultz stated that a buffering was needed and stated that her area is becoming a sacrifice area.
Concerns about R-5 maximum lot coverage
08:03:19 PM Blake Maxwell, Public Comment
Mr. Maxwell stated that he asked commissioners to consider the negative impacts that these changes
would make to the neighborhood. A request to leave the current zoning in place was suggested
08:05:46 PM Diane O’Conner-McNair, Public Comment
O’Conner-McNair stated that the over flow into their neighborhoods would be totally unacceptable and
a lot of people use 10th to get to Durston as well as other issues.
08:07:36 PM Peter McNair, Public Comment
Mr. McNair stated that the proposed development need not be changed in to non family units.
08:08:26 PM Erika Skinger, Public Comment
Erika stated that where she was concerned about the people who would move into the proposed high
density area. There were a lot of concerns that she talked about. Ms. Skinner talked about a low 12
point test that touched on Montana Department of Commerce and regulating of private lands. There
seemed to be contradictions in the plan and stated that the commission should vote no on this project.
08:12:26 PM Luke Howard, Public Comment
Mr. Howard stated that this proposed code encouraged parts of sustainable living in the city of
Bozeman. Density was discussed, parkland dedication, parking and the UDC re-write. Increasing density
would slow some of the sprawl and a lot of the land was underutilized especially given the
demographics of Bozeman in the future. The positives to this zoning was discussed as well.
08:15:36 PM Meg Casey, Public Comment
Ms. Casey stated that the proposed zoning change would create a negative impact to those that live
there. Traffic with young children and pets were discussed. Ms. Casey proposed that the public
comment process needed to be more streamlined concerning more information about the proposed
plan.
08:18:05 PM Chris Wazzie, Public Comment
Mr. Wazzie stated that he was concerned about the changes to the neighborhood since those who
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bought homes did it with the current zoning in mind, it was suggested that buffering be considered as
well as reconsidering areas that would benefit the lands proposed to change but consider the neighbors
surrounding the area.
08:21:13 PM Public Comment Closed
Mayor Taylor closed public comment.
08:21:23 PM Questions for Staff
David Fine, talked about the process of this zoning district. The TIF and zoning designations south and
west was discussed. West of 9th street with south of Lamme and the West size of 7th was discussed. An
explanation about the Ordinance that was passed in December was discussed and clarified as best as
possible.
08:26:06 PM Discussion
Cr. Pomeroy stated that she learned that despite the city steps, to educate the public, there was still
concern that the public was not as informed as they could have been. Communication was a concern. An
amended motion was proposed to postpone this application for a month.
Cr. Mehl talked about R-5 in the future and wondered what this might mean later. The three proposed
motions were discussed for the public benefit.
Cr. Krauss stated that this project was discussed with staff and would leave the changes south of Bealle
street through Lamme. Cr. Krauss would support a reduction in parking as well as what staff is trying to
do with Midtown. HE would rather not see parking lots in place of buildings.
Deputy Mayor Andrus stated that a letter with more implications about what the city is trying to do was
a good idea. Data that explains what we require and what was being used currently would be beneficial
as well.
Mayor Taylor stated that the first two motions should be voted on and would support leaving R-4
instead of changing it to R-5.
08:40:56 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby adopt the
findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance
1942 to create the R-5 (Residential High Density Mixed District) and B-2M (Community Business Mixed
District) text amendment.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:41:41 PM Discussion
Cr. Mehl stated wondered if it would it make sense to make more development and then discuss it, for
tax payers waiting a couple years seemed to make sense however he was satisfied with how things were
currently. This process started in September 2015, and figuring out how to invest resources (density)
while respecting current neighborhoods was important. Other issues and topics were discussed in detail
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throughout the commission discussion.
Deputy Mayor Andrus stated that she felt that this could be held off for awhile. Actually having more
data would be beneficial. This motion however, is supported.
Cr. Pomeroy stated that she understood what the city was trying to do, however more time would be
more beneficial for everyone therefore she would not support this motion at this time and stated that
residence need more time a month at least to research.
Cr. Krauss stated that we would not want our incentives to stop dead due to parking and worried that
parking would be an issue with discontinuing our current policies. Considering what we want to build
needed to be considered however, the proposed project would be supported. Other issues were
discussed in detail regarding zoning.
Mayor Taylor stated that we were trying to do things that would not create sprawl as we built our city.
North 7th was discussed in the fact that it needed to be revitalized. Innovation was key to improving the
city by supporting innovating form based zoning. The Mayor stated that’s he supported the motion.
09:04:25 PM Vote on the motion that having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, I
hereby adopt the findings presented in the staff report for application 15320 and move to
provisionally adopt Ordinance 1942 to create the R-5 (Residential High Density Mixed District) and B-
2M (Community Business Mixed District) text amendment. Motion passed 4-1.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Disapprove
09:04:32 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby adopt the
findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance
1946 modifying the N 7th Entryway Corridor classification.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:04:44 PM Discussion
Cr. Mehl that he supported this motion and gave a brief reason why
Deputy Mayor Andrus stated that she supported this motion and gave a brief reason why
Cr. Krauss stated that he supported this motion and gave a brief reason why
Vote on the Motion that having reviewed and considered the application materials, public comment,
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recommendation of the Zoning Commission, and all the information presented, I hereby adopt the
findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance
1946 modifying the N 7th Entryway Corridor classification. Motion passed 4-1.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Disapprove
09:08:10 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby adopt the
findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance
1943 the Midtown zone map amendment.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:08:22 PM Discussion
Cr. Mehl stated that he like the designation of the B-2 map. He agreed with the extension along Main
Street and agreed with the B-3 node as well. All proposed midtown zoning districts were discussed in
detail.
09:13:04 PM Friendly Amendment
Cr. Krauss made a friendly amendment to not change the zone map amendment on R-4. South of Beall
East of Lamme.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:14:29 PM Friendly amendment
Cr. Krauss made a friendly amendment to not change the zoning South of Lamme to halfway between
Mendenhall and Lamme, extending between 8th and 11th
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:16:11 PM Discussion
Deputy Mayor Andrus stated that is did not make sense to change the zoning and to leave it at R-4.
Cr. Mehl stated that he felt this might be a mistake because those areas would not be developable for
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some time. It was a great location for most people and would keep R-4
Mayor Taylor stated that he wanted to be protective of the single family dwellings. The difference
between R-4 and R-5 were not that significant. R-5 seemed to be more flexible as a zoning area right on
the edge of the B-2M. Based on what was known, he would not support this amendment.
Deputy Mayor Andrus stated that for clarification the north side of Lamme,
Cr. Mehl stated that a lot of R-4 had single homes in it. The need for residences was discussed in the
long run.
Density was discussed as well as combining commercial changes.
Mayor Taylor discussed lot changes and other issues in great detail along with the rest of the
commissioners.
09:30:05 PM Vote on the Amendment*
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Disapprove
09:31:33 PM Discussion on the main motion
Cr. Krauss talked about traffic city wide and reducing that traffic city wide allowing people to live where
they work. Public comment about R-1 was discussed. The issue of being surrounded by R-5 and B-2M
was discussed as well. The different zones were discussed in detail with density and walk ability, growing
in a smart way.
Mayor Taylor addressed R-5 South of Durston and stated that the separation of Durston could make a
difference. R-5 could create flexibility.
09:39:39 PM*Vote on the main motion that having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, I
hereby adopt the findings presented in the staff report for application 15320 and move to
provisionally adopt Ordinance 1943 the Midtown zone map amendment. Motion passed with two
friendly amendments to the main motion and the main motion 4-1.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Disapprove
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5. 09:39:49 PM A Text Amendment to Amend The Bozeman Municipal Code (BMC) to
Revise Provisions Relating to the Wetlands Review Board And Plan Review
Procedures (Rogers)
09:40:00 PM Staff presentation
Tom Rogers, staff entered his staff report into the record and stated that there were no public comment
received on this item. Two proposed draft changes to the development code were discussed.
Specifically, Wetlands review board frequently struggled to have a quorum and as such, a request was
made to disband this board. Article 19 was discussed the site plan and what went into them was
discussed in detail as well. Proposed changes that were adopted and tested were found to work and
requested that the DRC no longer recommend approval if a plan did not meet the city code standards.
The zoning commission reviewed these amendments and recommended that the wetlands review board
be disbanded and that plan review modifications be adopted.
09:48:18 PM Discussion Continued
Deputy Mayor Andrus asked staff about the difference between a Concept review and informal review
to which staff responded in detail. It was also asked if anything triggered a wetland review since it was
last brought before the commission
Mayor Taylor stated within the last year there was never a quorum.
Cr. Pomeroy asked if the remaining members were informed to which staff responded that they had.
Cr. Krauss asked about the development communities’ feedback on these changes. Questions
concerning informal advice and direction changes was asked. Staff responded in detail to Cr. Krauss’s
concerns with the possibility of no longer providing informal consultations. Staff responded with
adaption’s made to accommodate this change. Community Development Director Wendy Thomas also
provided more background on this subject and how the process changes have been more streamlined
and
10:00:27 PM Meeting extended to 10:15.
Mayor Taylor Extended the meeting to 10:15PM
10:00:37 PM Public Comment
Mayor Taylor opened general public comment
There was no public comment
Public Comment was closed.
10:00:42 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby adopt the
findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance
1945 the WRB text amendment.
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Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
10:01:16 PM Discussion
Deputy Mayor Andrus stated that it was hard to get a quorum on this board, to eliminate it there was
still a process to review wetlands should they need to.
Cr. Pomeroy stated that she supported the motion and gave a brief reason why
Cr. Mehl stated that because of the constraints with getting on the board, it made sense to disband it.
Mayor Taylor stated that this was a pretty good system and he supported the motion.
10:03:29 PM Vote on the motion that having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, I
hereby adopt the findings presented in the staff report for application 15320 and move to
provisionally adopt Ordinance 1945 the WRB text amendment. Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
10:03:44 PM Motion that having reviewed and considered the application materials, public comment,
recommendation of the Zoning Commission, and all the information presented, I hereby adopt the
findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance
1944 the Plan Review text amendment.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
10:04:01 PM Discussion
Deputy Mayor Andrus stated that she supported this and gave efficiency as one of the reasons why.
Cr. Pomeroy stated that the supported this motion
Cr. Mehl stated that the board voted unanimously to disband this board as well.
10:06:08 PM Vote on the motion that having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented, I
hereby adopt the findings presented in the staff report for application 15320 and move to
provisionally adopt Ordinance 1944 the Plan Review text amendment. Motion passed 4-1.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
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Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
6. 10:06:28 PM City Commission 2016-2017 Goals and Timelines Update (Kukulski)
10:06:55 PM Staff presentation
The City Manager stated that staff would be proceeding as the information it was provided to the
commission.
10:07:29 PM Discussion
Mayor Taylor asked if these items could move forward with the staff and timeline to which the city
manager responded this was the case.
Cr. Mehl stated that nothing had changed from the previous review and suggested that a motion may
not be needed.
10:09:14 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
10:09:26 PM Discussion
Mayor Taylor opened commission discussion
There was no commission discussion
Commission Discussion was closed.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
10:09:37 PM (04:10:05) Motion that having reviewed written materials, listen to the presentation by
the City Manager, and provide feedback regarding the anticipated timeline for accomplishing the
2016-2017 adopted goals.
7. 10:09:38 PM (Re) Appoint Applicant to the Bozeman Area Bicycle Advisory Board
(Michalson)
10:09:45 PM Mayor Appointed Don Funke with a term expiring on December 31, 2018.
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10:10:02 PM Vote to appoint Don Funke to the Bozeman Area Bicycle Advisory Board with a term
expiring on December 31st, 2018. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
I. 10:10:15 PM (04:10:43) FYI/Discussion
There was no FYI.
J. 10:10:29 PM Adjournment
Mayor Taylor adjourned the meeting at 10:10PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
49
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, May 16, 2016
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Absent
Staff Present: City Manager, Chris Kukulski, Assistant City Attorney Karen Stambaugh and Deputy City
Clerk Pearl Michalson
A. 06:00:07 PM Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse.
Mayor Taylor called the meeting to order at 6:00PM.
B. 06:00:11 PM Pledge of Allegiance and a Moment of Silence
C. 06:01:20 PM Changes to the Agenda
D. 06:01:23 PM Authorize Absence – I-Ho Pomeroy
Motion and Vote to approve the absence of Commissioner I-Ho, Pomeroy.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent E. 06:01:36 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approval of Depository Bonds and Pledged Securities as of March 31 2016 (Clark)
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3. Authorize Mayor to Sign the Project Funding and Maintenance Agreements for this
Seasons Transportation Alternatives Projects (Hixson)
4. Authorize the City Manager to Sign the Memorandum of Agreement for the
Replacement of 6 Patmore Ash Trees Which Must be Relocated in Order for the City to
Install Improvements to Baxter Lane (Hixson)
5. Authorize City Manager to sign Amendment 1 to the Professional Services Agreement
with Dowl LLC for the Right of Way Acquisition Project (Murray)
6. Authorize City Manager Signature on the 2015 Water Renovations Project Change
Order 2 (Murray)
7. Authorize City Manager to Sign Easement Agreement for Path to the M Trails Open
Space and Parks Project - Parcel 106-027 (Poissant)
8. Approve the City Manager Reappointment of Richard Gale to the Police Commission
(Michalson)
06:01:38 PM City Manager Chris Kukulski, gave a brief overview of consent items 1-8.
06:02:45 PM Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:02:57 PM Motion and Vote to approve Consent Items 1-8 as submitted.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
06:03:19 PM Public Comment
Mayor Taylor opened public comment.
06:04:33 PM Rabbi Staffman, Public Comment
Cup, public comment on the vacation home on Cleveland Ave. Mr. Staffman stated that he was against
the CUP permit to provide a vacation home and stated that approving this permit would open it up to
other people who wanted to do the same thing. Affordable housing was discussed as well and the
impact that these short term vacation homes has on the rental market.
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06:07:47 PM Bill Clim, Public Comment
Mr. Clim stated that that what is company does was allow information out to people who need the
information instantaneously downtown. This benefits those that do not have a cell phone, via streaming
real time information for those that do not have access.
06:11:09 PM Public Comment Closed
Mayor Taylor closed Public Comment.
F. Special Presentation
1. 06:11:19 PM Bozeman Transportation Master Plan Update (Woolard)
06:11:38 PM Director of Public Works, Craig Woolard introduced Jeff Key with Robert Peccia and
Associates. Mr. Key talked about the existing and projected conditions analysis in order to focus on the
major street network within Bozeman. Vehicular constraints in existing volume to capacity ratios on
roadways on areas like College Street, Rouse Ave and Kagy were discussed. Projections of the traffic in
the next 9 or so years were discussed as well with recommendations to improve conditions. Existing
bicycle conditions, lanes, shared use paths and other features were discussed. The progress that has
been made was also discussed. Commute mode shares were discussed in detail, particularly mode share
predictions and benefit projections in the year 2040. Percentages of bike crashes and a summary of
public outreach was discussed.
06:33:43 PM Questions for Staff
Deputy Mayor Andrus commented that she appreciated the information and requested a hard copy of
the information if possible.
Mayor Taylor asked if people could still post on the map to which Jeff Key stated that it was still possible
and explained where the public could go on line to leave comments.
2. 06:36:15 PM Fiscal Year 2017 (FY17) Budget Work Session Special Revenue Funds
(Rosenberry)
06:36:36 PM Staff Presentation
Director of Administrative Services, Anna Roseberry gave a 30 minute presentation on 6 of the cities
special revenue funds. The recommended increases included the following items:
• FY17 Typical City Resident Annual Cost Adjustments (Increases) and Totals on:
o Street Maintenance Assessments
o Forestry Assessments
o Arterial Street Assessments
o Property/Water/Sewer Services
• Staffing Additions
o Utilizing the General and Community Development Fund
o Enterprise and Revenue Fund
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o Building Inspection Fund Expenditures
06:45:50 PM Questions for Staff
Deputy Mayor Andrus asked where the money for building fees ended this quarter and what the future
looked like to which staff responded in detail. Hires were asked about as well.
The building inspector position was still vacant but code enforcement inspector was hired per
community development director, Wendy Thomas.
Mayor Taylor asked how we would know how we did compare to last year. The first two weeks of July
staff stated would be able to give us that answer.
Cr. Krauss asked staff why we had not maxed out our budget to which the city manager responded.
06:52:51 PM Staff Presentation continued
• Street Maintenance District Expenditures and Totals on:
o Personnel Costs
o Pavement Maintenance
o General operations and capital projects
06:55:35 PM Questions for Staff
Cr. Mehl asked for training on the report to be identified more clearly
Mayor Taylor asked what was the purpose of creating a street maintenance and reconstruction fund as
well as what would have happened if certain personnel did not make it into the fund. Director Craig
Woolard responded in detail.
06:58:30 PM Staff Presentation continued
• Arterial and Collector Streets District and totals on:
o Lot sizes, street impact fees, street impact fund
07:00:50 PM Questions for Staff
Deputy Mayor Andrus asked what the direct effect of not raising this at 90% would be to which Director
Craig Woolard responded.
Cr. Mehl asked when administrative costs would be discussed to which staff responded in detail.
Mayor Taylor asked about gaps and what the plan would be of payback to the fund. Clarification about
the chart and its payback was also asked.
07:06:43 PM Staff Presentation continued
• Street Impact Fee Fund and totals on:
o Actual Collections, Capital Projects (based on a 5 year average)
o Transportation Demand Contact (explained in detail by Director Craig Woolard)
07:12:49 PM Questions for Staff
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Cr. Mehl asked for examples of a similar WTI position at a future meeting.
Cr. Krauss asked about deliverables and walking. Commitments from major employers to change their
operational procedures to try something to improve traffic flow on the system. Taking BIDs and
advertisements were asked about.
Deputy Mayor Andrus asked for clarification if everyone was contributing fifty thousand or if the city
share went up.
07:16:57 PM Staff Presentation continued
Cr. Krauss recused himself from the discussion due to conflict of interest.
• Tree Maintenance District
• Tree Maintenance Fund
07:19:04 PM Questions for Staff
Deputy Mayor Andrus asked about mid- year hires, director Mitch Overton responded in detail.
Mayor Taylor asked about cost year program for trees as well as if all the money was getting spent
every year.
07:23:31 PM Staff Presentation Continued
Staff went into detail on the following items:
• Workforce Housing Funding
07:24:59 PM Questions for Staff
Cr. Mehl asked if CAHAB had other things that they were interested in or if that was exactly what was
presented to CAHAB, land designation, land donation and the HRDC Admin of revolving loan fund was
asked about to which Director Wendy Thomas responded.
Cr. Krauss asked about emergency shelter to which staff responded in detail.
Deputy Mayor Andrus asked if this was discussed last year as it related to youth housing.
Mayor Taylor asked if any money from last year was allocated to this year’s budget. Staff responded
that we did. Down payment assistance was also discussed within the next year.
07:34:36 PM Staff Presentation continued
• Budget Work Sessions
Director Rosenberry went over the schedule of the upcoming Budget Work Sessions through July 1st.
07:35:26 PM Break
Mayor Taylor called for a 10 min break.
07:45:00 PM Meeting back in session
G. Action Items
1. 07:45:38 PM A Conditional Use Permit (CUP) Application to Allow the Establishment
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of an Accessory Dwelling Unit (ADU) Above a Detached Garage Structure at 3043
Foxtail Street in Phase 2 of the Cattail Creek Subdivision. (Quasi) (Owens)
07:45:41 PM Staff Presentation
Community Development Director Wendy Thomas, introduced Rebecca Owens, Associate Planner two
who gave a presentation on 3043 Foxtail Street. The site is currently vacant and the residents want to
build a 2nd floor dwelling on top of the garage. The neighborhood context was discussed as well as the
proposed development in detail. ADU Criteria was also discussed in detail. Public Notices and
Recommendations were discussed. Staff addressed public comment and concerns.
07:55:41 PM Questions for Staff
Cr. Mehl asked if when the area was bare, cattail creek was designed to accommodate additional
capacity to which staff responded yes.
07:56:49 PM Derrick Saldizar, Applicant
The applicant stated that he was excited and put a lot of effort into the project and that he like the
community. There were no plans to do anything adversely. Cost of living was discussed and the option
that an ADU would provide and asked the commission for their consideration and support.
07:58:59 PM QFA
Deputy Mayor Andrus asked what circumstances existed that the commission should consider granting
this use.
Cr. Mehl asked if the applicant was willing to accept the conditions in the staff report
08:00:41 PM Public Comment
Mayor Taylor asked if there was public comment
There was no public comment
Public comment was closed
08:00:54 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 16115 and move to approve the 3043 Foxtail Street conditional use permit to allow the
establishment of an accessory dwelling unit above a detached garage building with conditions and
subject to all applicable code provisions.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
08:01:23 PM Discussion
Cr. Mehl made a friendly amendment to acknowledge the existence of written public comment.
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08:01:48 PM Discussion continued
Deputy Mayor Andrus stated that this confirmed to the growth policy and it encourages economic
diversity and infill as well as other reasons why she supported the application
Cr. Krauss stated that they anticipated ADU’s in the design of this subdivision and that they wanted to
see more subdivisions with more ally and backyards. Additionally when it came to ADU’s the owner
needed to be present on site if there were issues with the renter.
Mayor Taylor stated that he was also going to approve this
08:06:25 PM Vote 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 16115 and move to approve the 3043 Foxtail Street conditional use permit to allow the
establishment of an accessory dwelling unit above a detached garage building with conditions and
subject to all applicable code provisions. Motion passed 4-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
2. 08:07:08 PMA Conditional Use Permit (CUP) to Allow a Single Household Residence
to Operate as a Vacation Home (Classified as Extended Stay Lodging in the R-1
Zoning District), Which Would Permit the Residence to be Rented For Less Than 30
Days at a Time on Property Located at 304 West Cleveland Street, Bozeman, MT
The CUP is Required for the Establishment of Extended Stay Lodging in An R-1
Zoning District and is Contained In Application 16134. (Quasi) (Brekke)
08:07:13 PM Personal Disclosure
Deputy Mayor Andrus stated that she was called by a member of the public, Kathy Powell to talk about
this project and due to this being quasi judicial asked that the conversation not continue. Additionally,
she disclosed to the commission and public their personal discussion so that the commission could be
privy to the same information.
Cr. Krauss stated that one of the neighbors, Jim Goetz might be one of his lawyers.
Mayor Taylor had talked to various neighborhood groups about this issue and asked their general
opinions about it and spoke with Kathy Powell.
08:13:23 PM Staff Presentation
Allyson Brekke, associate planner entered the staff report into the record. She also included the code
and definition of vacation housing that was added to the Bozeman Municipal code in 2005. Additionally
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parking, public notice, public comment and recommendation were discussed.
08:21:00 PM Questions for Staff
Deputy Mayor Andrus asked about ADA compliance to which staff responded in detail, specifically all
types of public safety. How staff determined no adverse affects to adjoining? properties were discussed.
Cr. Krauss asked about public comment and specifically is residence or non-residence are considered in
regards to public comment. Requirements in the code for these type of ADU’s was asked.
Cr. Mehl asked about the conditional cap and if it was the same cap for the other properties. Staff
stated that there was an increase in a property in that area to an increase of 10 people.
Mayor Taylor asked who neighbors could complain to if things were not working out which staff stated
that that information was not currently part of the conditions of approval.
The number of people allowed was asked about and also asked if the applicant would be in Bozeman.
Cr. Mehl asked for clarification of the notice.
08:30:07 PM Applicant
Ian Woods, talked about his involvement in the neighborhood in the district. A background of owning
the home and its renovation was discussed. The property was discussed as well as the buffer zone. Mr.
Woods addressed the concerns of his neighbors and his intentions with this home. The history of
vacation rental of this property was discussed as well as how they ended up where they were now. Mr.
Woods asked the commission to add the CUP to the owners and not the property.
08:40:07 PM Questions of Applicant
Deputy Mayor Andrus asked what circumstances existed to allow this use when it was not generally
permitted in an R-1.
Clarification about the CUP was asked about.
Cr. Mehl asked if the applicant was okay with the conditions and if he would be willing to do a sign.
Mayor Taylor asked how long the home was rented for when it was rented.
08:47:00 PM Legal Counsel
Assistant City Attorney weighed in on the conditions of the CUP per our law.
08:47:39 PM Public Comment
Mayor Taylor opened public comment.
08:47:53 PM Jim Goetz, Public Comment
Mr. Goetz stated that the short term rental could deteriorate the nature of the neighborhood and had
concerns about a tenant that might be out of line. Concerns about the CUP was discussed as well.
08:51:52 PM Sam Mitchell, Public Comment
Sam Mitchell stated that having short term rentals there would be different sets of visitors and it would
be hard to regulate renters.
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08:54:27 PM Beth Antanopolis, Public Comment
Beth stated that granting the permit would create a small hotel instead of encouraging long term
renters and asked the commission to deny this CUP in the R-1 district.
08:56:01 PM Judy Parks, Public Comment
Stated that they would not like to live next to a hotel but would not like to deny Mr. Wood’s right to rent
out his home. Other concerns were addressed as well in detail.
08:59:32 PM Jill Davenport, Public Comment
Stated that this area is R-1 and that a VRBO would be considered a business. Experiences in the past
with many people in a home, enforcement and issues that may come up was discussed. Other issues
down the road were addressed in detail.
09:02:17 PM Emily Hooker, Public Comment
Stated that this was a fantastic neighborhood and that the cities effort to strengthen neighborhoods has
been helpful. Worries about vacation rentals was discussed as well as density. Not having the owner on
site was a concern that Emily had. Other issues were discussed in detail.
09:04:45 PM Melvin Hooker, Public Comment
Stated that he had an apartment over his garage as an ADU and stated that he found it difficult to
understand how a rental would work in the neighborhood. An owner not living on the property seems
like there may be no control and asked the commission not to approve this.
09:07:26 PM David Mercer, Public Comment
Had concerns of absentee ownership and stated that it would be hard to consider that the neighbors
lived in a neighborhood with this approval.
09:08:25 PM Kathy Powell, Public Comment
Stated that there were a few specific and big picture concerns, mainly that short term rentals. The
history of VRBO’s was discussed. Was there a way to put short term rentals in compliance without
overwhelming the planning departments was asked and what other cities were doing across the country
was discussed as well as other issues in detail.
09:12:27 PM Peter Stewart, Public Comment
Peter Stewart stated that he was in favor of this approval due to the fact that this is something that was
currently happening in the city of Bozeman.
09:14:18 PM Brad Stratton, Public Comment
Mr. Stratton stated that in the process of going through the proper channel units the City Commission
should they grant a CUP only do it for two years and have it attached to the owner instead of the land.
09:16:24 PM Jen Patterson, Public Comment
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Mrs. Patterson stated that they were unknowingly were out of compliance, however in the 18 months
that they rented their property they had not had any complaints with their neighbors. Their concerns
was something that was addressed in detail.
09:19:50 PM Suzie Hall, Public Comment
Stated that she had been in the business of managing properties for 21 years. In Bozeman, 190 groups
were hosted. She spoke to vacation rentals in general and this application as well. What it would mean if
the commission was to approve this application was discussed. Experience with vacation rentals was
discussed as well as how issues are addressed by her company.
09:25:47 PM Paul House, Public Comment
Stated that he started managing short term rentals 18 years ago and that short term rentals are getting
bigger and felt that this issue needed to be handled. Short term rentals were taken care of a lot better.
The pros and cons of short versus long term rentals were discussed. He supported the applicant
09:29:32 PM Applicant Rebuttal
Ian Woods addressed the fire issue as well as parking and the R-1 character of the neighborhood and
asked the commission to consider everything when making their decision.
09:33:35 PM Staff Rebuttal
Allyson Brekke explained how a CUP would run with the land.
09:34:36 PM Questions for Staff
Cr. Mehl asked for clarification of the CUP and land, the assistant city attorney stated that it was city law
and not state law.
09:35:04 PM Public Comment Closed
09:35:06 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 No. 16134, known as the 304 West Cleveland Street Extended Stay Conditional Use Permit,
to allow a single-household residence to be operated as extended stay lodging with conditions and
subject to all applicable code provisions.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
09:35:37 PM Discussion
Cr. Krauss stated talked about a vacation rental that was asked about in the past with a different
neighborhood and Mayor at the city at the time. He also talked about conditional use permits and was
trying to apply the rules against the application. He stated that there needed to be a city wide ordinance
that provided the kind of laws that would allow the commission to say yes or no and wondered in
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general if there was a difference between long and short term rentals. Turnover was discussed as well.
Based on previous actions to other rental homes, stated that he would have to vote in favor of this
applicant.
Cr. Mehl stated that he hears that R-1 was not compatible to short terms rentals but stated that if this
was rejected by the commission it would be hard to see other properties that would not be approved.
The UDO was discussed. With that he would approve this short term and re-visit it during the budget
and decide how they might want to address this.
Deputy Mayor Andrus stated that she wanted to know what was it that would allow the commission to
grant an R-1 and wanted to make sure that we were addressing the growth policy issue. Neighborhood
character and stability was discussed as well. Addressing the issue of ordinances was discussed as well
as the fact that everyone would be affected by this and hoped that this could be handled in a
responsible way.
Cr. Mehl discussed the time frame for the UDO and asked DMA if she wanted it completed quicker than
7 months.
Mayor Taylor stated that he felt that at a minimum if this was passed, he would want there to be a
person that people could call if they needed to complain.
09:57:46 PM Meeting extended until 10:20 PM.
09:57:56 PM Discussion Continued
Mayor Taylor stated that there was no doubt in a situation like this that there would be strangers to the
neighborhood. The question of controllability was discussed and bed tax goes to a tourist board and not
the city. Trying to enforce this in any way possible was discussed. Concerns about Airbnb in
neighborhoods were discussed as a concern. If denied, he would like to see a clearer policy.
Cr. Krauss talked about emergency zoning.
10:09:39 PM City Attorney
The City Attorney stated that complaints were a condition of revoking or approving a CUP.
10:11:13 PM Amendments
Cr. Mehl made the following 5 amendments (4 friendly)
• No more than 8 people in the home (friendly)
• Posting a sign for a contact
• 1 year maximum on this CUP
• Instruct staff to come up with a policy by the end of June and moratorium or leave it alone.
10:12:12 PM Amendment to restrict to 8 people.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
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10:12:29 PM Amendment that a sign to contact agency be posted.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
10:12:37 PM Amendment to set a Conditional use sunset at one year.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
10:13:12 PM Discussion
Cr. Mehl asks that this be approved with a condition of one year and the applicant can reapply after that
time as long as they comply with the other issues within the CUP
Deputy Mayor Andrus stated that this would be closer to her desire to address this and let the
commission decide what they want to do.
Cr. Krauss stated that the conditional use process was expensive and a long process.
Cr. Mehl stated if the 4th amendment passed, he would like staff to review this and bring it back to the
commission at a later time.
Cr. Krauss stated that he was considering the approval and the conditions of approval and if the review
finds that they
10:17:14 PM Time extended
10:17:22 PM Discussion
Mayor Taylor stated that he would support this amendment as is to the motion.
10:18:39 PM Meeting continued to 10:30 PM.
10:19:04 PM Vote on the Amendment to set a Conditional use sunset at one year. Motion passed 3-1.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
10:20:03 PM Amendment ruled out of order.
10:20:41 PM Discussion
Deputy Mayor Andrus asked for clarification.
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Cr. Mehl stated that the commission would like to have staff review the option of sun setting this for a
year.
Deputy Mayor Andrus stated that the whole community was in favor of this with the idea to discuss this
in a timely manner to discuss these in the future and explained why he did not support the other
motions.
10:24:57 PM City Attorney
Asked for clarification to the sunset term.
Mayor Taylor stated that he would vote for the motion as is.
10:27:59 PM Vote 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. 16134, known as the 304 West Cleveland Street Extended Stay Conditional Use Permit,
to allow a single-household residence to be operated as extended stay lodging with conditions and
subject to all applicable code provisions. Motion passed 4-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Absent
10:28:09 PM Discussion
Cr. Krauss asked staff to put an emergency ordinance on a future agenda for extended stay homes on
May 23rd.
10:30:02 PM Meeting Extended to 10:40 PM.
Mayor Taylor decided on the June 27th Agenda for conditions and an emergency stop.
3. 10:31:29 PM (Re)Appointment to the Trails, Open Space and Parks (TOP) Committee
(Michalson)
10:31:39 PM Motion and Vote to confirm the Commission reappointments of Don Beeman and Tom
Sterner to the Expired Trails, Open Space and Parks Committee positions with a term expiration's of
April 15, 2019. Motion passed 4-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
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Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Absent
H. 10:32:33 PM FYI/Discussion
Wendy Thomas stated this was the last night to appear at the city commission meeting.
Chuck Winn stated that the questions about the law and justice center should be considered
coming up this summer and if a special meeting could happen to discuss the bond issue and
Mill Levy on Aug 11th. Staff would meet the 75 statutory requirements and have more
information.
Craig Woolard gave an update on lead service lines.
I. 10:37:49 PM Adjournment
Mayor Taylor adjourned the meeting at 10:37PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, June 20, 2016
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff present: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough,
Administrative Services Director Anna Rosenberry
A. 05:00:09 PM Call to Order – 5:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 5:00 PM.
B. 05:00:18 PM Pledge of Allegiance and a Moment of Silence
C. 05:01:27 PM Changes to the Agenda
D. 05:01:37 PM Minutes
1. Approve City Commission Minutes from May 23, 2016, June 6, 2016, and June 13, 2016
05:01:37 PM Motion and Vote to approve the combined City Commission Minutes from May 23, 2016,
June 6, 2016, and June 13, 2016 as submitted. Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve E. 05:02:03 PM Consent
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1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Cowdrey-Kagy Minor Subdivision Final Plat, Application 16216 and Authorize the
Director of Public Works to Execute the Same on Behalf of the City of Bozeman (WerBell)
3. Authorize the City Manager to Sign a Professional Services Agreement with Dowl for the 2016
Materials Testing Project (Murray)
4. Authorize the City Manager to Sign a Professional Services Agreement with StreamlineAM to
Update the City of Bozeman Water Risk Model (Henderson)
5. Authorize the City Manager to Sign a Contract Agreement with Omdahl Excavation for the
Installation of Storm Drainage Improvements at Plum Avenue and Avocado Street (Gamradt)
6. Authorize the City Manager to Sign Amendment Number 6 to the Professional Services
Agreement with Morrison-Maierle, Inc. for the 2014 Wastewater Collection System Facility Plan
Update (Murray)
7. Authorize the City Manager to Sign the Notice of Award to Award the Contract for the 2016
Sidewalk Installations and Repairs, and Curb Replacements to Knife River Belgrade in the
Amount of $320,315.70 (Kerr)
8. Authorize the City Manager to Sign a License Agreement with Bozeman Fiber for the Use of City
Conduit (Fine)
9. Authorize the City Manager to Sign a Memorandum of Understanding between with 777
Building LLC for a Broadband Utility Easement (Fine)
10. Authorize the City Manager to Sign a Broadband Utility Easement with 777 Building LLC at 777
East Main Street (Fine)
11. Authorize the City Manager to Sign a Sewer and Water Pipeline Easement and Agreement from
Cannery District Partners, LLC. to Establish an Easement Within Recently Vacated Right-of-Ways
Within the Cannery District Planned Unit Development (Kerr)
12. Ratify the Signature of the City Manager on the Memorandum of Agreement for the Purchase of
Easements, Temporary Construction Easements, and Right-of-Way for the Construction of
Improvements to Baxter Lane, Parcel 5 (Hixson)
13. Resolution 4695, Discontinuing Various Streets and Alleys In and Adjacent to Blocks 1, 2 and 3,
Imes Addition (Kerr)
14. Resolution 4696, Declaring Special Assessment Installments Due and Certifying Delinquent City
Assessments to the Gallatin County Treasurer (Neibauer/Clark)
15. Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Application to the
Bureau of Justice for Safety Enhancements (McLane)
05:02:09 PM Summary of Consent Items
City Manager Chris Kukulski gave an overview of the Consent Items.
05:04:34 PM Public Comment
Mayor Taylor opened public comment on Consent Items 1-15.
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There was no public comment.
Mayor Taylor closed public comment.
05:05:02 PM Motion and Vote to approve Consent Items 1-15 as submitted. Motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 05:05:30 PM Public Comment
Mayor Taylor opened public comment.
05:06:56 PM Erika Skinger, Public Comment
Ms. Skinger requested a Board of Adjustments for zoning due to recent growth in Bozeman.
05:10:39 PM Public Comment Closed
Mayor Taylor closed public comment.
G. 05:10:46 PM Action Items
1. 05:10:49 PM & 06:29:41 PM Continuation of the Public Hearing of Application 16199, a
Conditional Use Permit to Allow the Sales of Alcohol for On-Premise Consumption with a
Certificate of Appropriateness for Exterior Modifications at Jam Fusion Cafe at 25 West Main
Street (Quasi-judicial) (Owens)
05:11:17 PM Wendy Thomas, Staff Presentation
Community Development Director Wendy Thomas requested to continue this item at 6:00 PM because
this item was noticed at 6:00 PM. Mayor Taylor agreed.
06:30:04 PM Wendy Thomas, Staff Presentation
Director Thomas requested to change the date to July 11, 2016 to give the applicant more time to
provide some missing materials for adequate review, as well as provide time to re-notice the hearing.
06:31:24 PM Motion to continue the public hearing on application 16199, Jam Fusion Café Conditional
Use Permit and Certificate of Appropriateness applications from June 20, 2016 to July 11, 2016.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
06:31:43 PM Motion and Vote to continue the public hearing on application 16199, Jam Fusion Café
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Conditional Use Permit and Certificate of Appropriateness applications from June 20, 2016 to July 11,
2016. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
2. 05:11:58 PM Resolution 4693, Appropriating Funds for Various Budget Units, and
Further Estimating Revenue Necessary to Operate and Maintain Services of Municipal
Government for the Fiscal Year Ending June 30, 2017 (Rosenberry)
05:12:19 PM Announcement from Mayor
Mayor Taylor clarified that the pizza provided to the Commissioners was privately funded and not City
money.
05:13:08 PM Anna Rosenberry, Staff Presentation
Administrative Services Director Rosenberry discussed the method behind the Resolution preparation,
the budget adoption process for the evening, and summarized Resolution 4693 and the associated
memo for the Commission. City Manager Kukulski added additional context to the information provided
to the Commission.
05:22:02 PM Mayoral Discussion of Process
Mayor Taylor discussed how the evening’s process will proceed. Order will be: general questions,
specific questions of staff, public comment, general motion, and then work amendments off of that.
DM Andrus asked for clarification regarding general question classification.
05:24:03 PM General Questions of Staff
Mayor Taylor asked for the percentage increase of the appropriation resolution. Director Rosenberry
responded approximately 5.5%.
Cr. Pomeroy asked where her requested 2% cuts were, as proposed cuts were less than 1%. City
Manager Kukulski responded that the other Commissioners did not request this amount, so he kept a
prioritized list but reduced it by a certain number of mills. She followed regarding cutting specific
transportation project costs. City Manager Kukulski discussed the long-term budget ramifications and
risk of doing so.
Cr. Krauss noted the significant difference in salaries and benefits from FY16-FY17, how did we pay for
these in the current year’s budget? City Manager Kukulski responded that the annual budget includes
anticipated wage adjustments due to market studies. Further discussion followed regarding wage
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adjustments vs. tax base growth, and how the budget can be sustainable.
DM Andrus asked regarding the four items that the Commission was asked to take action on. Director
Rosenberry asked that they be incorporated into the motion(s) however the Commission preferred.
05:53:40 PM Specific Questions of Staff
05:54:15 PM Questions for Police Chief Steve Crawford
DM Andrus asked Chief Crawford to further explain the Police Department’s “Staffing Analysis.”
Cr. Mehl asked about the impact of one new car instead of two. Chief Crawford responded. He also
asked about the portable radio equipment, and where it would come from, as well as current staffing, in
regards to vacancy savings.
Cr. Pomeroy asked about the use of cell phones in order to defer the radio purchase. Chief Crawford
responded there is some flexibility, but there will eventually be a cost regardless, hence the phasing.
Cr. Krauss asked about over-hiring if given the chance. The Chief responded turnover is approximately 2-
4 and how he forecasts staffing.
06:08:15 PM Questions for Public Works Director Craig Woolard
DM Andrus asked for further detail about the WTI position.
Cr. Mehl asked why the GIS Asset Management is being delayed for 2 years. He also asked about the
Bronken pathway.
Cr. Pomeroy asked if it is possible to do this project with volunteers.
Mayor Taylor asked about the GIS Asset Management long-term software costs and the future of
construction costs.
06:19:32 PM Questions for Parks and Recreation Director Mitch Overton
DM Andrus asked about combining the PROST Plan with the Community Plan and the effect of a
deferment.
Cr. Mehl asked for detail about the aquatics staffing request as well as rate charges for facility usage.
Mayor Taylor asked what the effect of keeping the health insurance calculation mistake would be. He
also asked what the risk of delaying the Emerald Ash Borer maintenance would be.
06:29:18 PM Action Item 2 Discussion Suspended
Mayor Taylor suspended Action Item 2 in order to return to Action Item 1 for motion and vote.
06:32:04 PM Break
Mayor Taylor declared a break until 6:40 PM.
06:40:57 PM Meeting Called Back to Order
Mayor Taylor called the meeting back to order at 6:41 PM.
06:41:52 PM Questions for Library Director Susan Gregory
Cr. Pomeroy asked if there was any way that the Library could privately raise the money for the
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Bookmobile position, or if there was an alternate staffing plan. She also asked about integrating the
library website into the full city-wide website update. She also asked about county coverage.
Cr. Mehl asked how the Bookmobile came into being, when funding was discussed, staffing, and
coordination with the School District. He also asked about the potential web redesign.
Cr. Krauss asked about Bookmobile staffing anticipation in previous budgets. He also asked about
County contributions to City personnel, and the Library’s ability to ask the County for more funds.
Cr. Mehl asked for further detail about the Library Board’s ability to go to the County for funds.
DM Andrus asked about the timeline for deciding the Bookmobile’s route.
07:16:00 PM Questions for Community Development Director Wendy Thomas
Cr. Pomeroy asked about the mid-year addition of a Planner III, and the Workforce Housing Fund
budget.
DM Andrus asked about the changes to the Community Plan Project.
Cr. Mehl asked if the four memo items need to explicitly be stated as motions. Staff confirmed. He also
asked if the Historic Preservation Officer would be full-time, and asked for additional budget context. He
also asked about the Workforce Housing and Emergency Shelter budget items.
Cr. Krauss asked for clarification regarding the deficit on the Planning side.
Mayor Taylor asked for further detail on the Emergency Shelter budget item in the context of the
Affordable Housing Action Plan requirements, and how does she envision the funds being used.
07:48:16 PM Questions for Administrative Services Director Anna Rosenberry
Cr. Pomeroy asked about the Software Application Manager position, specific to Sungaard software. She
also asked about the $9 million discrepancy between revenue and expenditures, and follow-up
regarding reserves.
07:55:58 PM Questions for the City Manager Chris Kukulski
Cr. Mehl asked for clarification about the changes to Galavan, the Digital Forensics position reduction,
and the minimum reserve.
07:57:17 PM Questions for Economic Development Director Brit Fontenot
Cr. Mehl asked for current and future marketing work and potential joint Sustainability events budget.
07:59:49 PM Questions for the City Manager Chris Kukulski (continued)
Cr. Krauss asked for further clarification regarding salary and benefits anticipation, and finer-tuning of
the cash carryover and budgeted amount that avoids written clarification of wage changes.
Cr. Mehl asked about the details provided by HRDC.
08:17:02 PM Questions for Fire Chief Josh Waldo
Mayor Taylor asked what the Fire Master Plan will provide for the City.
08:19:28 PM Public Comment
Mayor Taylor opened public comment.
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08:20:08 PM Loren Acton, Public Comment
Mr. Acton stated his involvement with the Library, and its great impact on the community. He discussed
the Bookmobile and the Library Foundation’s intent of having full-time personnel staff the project. He
agreed that the County could pay more, but the data doesn’t currently exist to make that determination
at this point.
08:23:24 PM Paula Beswick, Public Comment
Ms. Beswick, current Director of the Bozeman Public Library Foundation, stated that the Bookmobile
was never an unfunded mandate. The Bookmobile also helps to put off the discussion of a new branch,
as it’s a good fix to stave off immediate larger budget increases. The community loves this idea, so let’s
not play catch-up later.
08:26:39 PM Sarah Savage, Public Comment
Ms. Savage, the HRDC Housing Director was excited and supportive of the Emergency Shelter.
08:27:20 PM Kevin Thane, Public Comment
Mr. Thane spoke strongly against zeroing out the final budget of the Workforce Housing Fund. Funding
build-up in previous years turned out to be critical resources in past years.
08:29:19 PM Public Comment Closed
Mayor Taylor closed public comment.
08:29:28 PM Procedural Discussion
08:30:28 PM Break
Mayor Taylor declared a break until 8:40 PM.
08:42:31 PM Meeting Called Back to Order
Mayor Taylor called the meeting back to order at 8:42 PM.
08:43:14 PM Motion that having reviewed the staff report, made further revisions, considered public
comment, and considered all of the information presented, I hereby move to approve Resolution 4693,
a Resolution of the City Commission of the City of Bozeman, Montana, appropriating funds for various
budget units, and further estimating revenue necessary to operate and maintain services of municipal
government for the Fiscal Year ending June 30, 2017.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
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08:43:50 PM Commission Discussion
Cr. Krauss discussed his lack of support, primarily because of salary and benefits.
08:44:32 PM Amendment #1 to cut one-half of 1% from the salaries and benefits budget line in the
General fund.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:44:44 PM Commission Discussion
08:57:38 PM Vote on Amendment #1 to cut one-half of 1% to the total General fund salaries and
benefits budget line. Motion failed 2-3.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Approve
08:58:17 PM Amendment # 2 to require one written report halfway through the fiscal year of contracts
and/or pay changes the City Manager makes.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:59:37 PM Commission Discussion
09:05:46 PM Vote on the Amendment # 2 to require one written report halfway through the year of
contracts and/or pay changes the City Manager makes. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:06:52 PM Amendment #3 to group the four items on page 208 of the Commission packet, including
Stormwater Systems Enhancement Capital Projects, GIS Asset Management Software, Street Impact
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Fee – Transportation Demand Contract, and Community Plan Project Changes, and move to adopt the
changes as discussed.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:07:48 PM Commission Discussion
09:09:07 PM Vote on Amendment #3 to group the four items on page 208 of the Commission packet,
including Stormwater Systems Enhancement Capital Projects, GIS Asset Management Software, Street
Impact Fee – Transportation Demand Contract, and Community Plan Project Changes, and move to
adopt the changes as discussed. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:09:30 PM Amendment #4 to reduce the aquatics staffing by the assistant manager, equal to a
savings of approximately $60,000.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:09:56 PM Commission Discussion
09:11:56 PM Vote on Amendment #4 to reduce the aquatics staffing by the assistant manager, equal
to a savings of approximately $60,000. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:12:07 PM Amendment #5 to have a net reduction for the Galavan/Streamline transportation
request of $18,000.
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Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:12:19 PM Commission Discussion
09:14:11 PM Vote on Amendment #5 to have a net reduction for the Galavan/Streamline
transportation request of $18,000. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:14:39 PM Amendment #6 to reduce the digital forensic position, which is a reduced share based on
final approved amount from the State of Montana, by $5,000.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:14:49 PM Commission Discussion
09:15:06 PM Vote on Amendment #6 to reduce the digital forensic position, which is a reduced share
based on final approved amount from the State of Montana, by $5,000. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:15:35 PM Amendment # 7 to reduce the minimum reserve by $199,000.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:15:56 PM Commission Discussion
09:20:09 PM Vote on Amendment # 7 to reduce the minimum reserve by $199,000. Motion passed 4-1.
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Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:20:38 PM Amendment #8 to reduce the amount in the budget for the PROST Plan by $100,000.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:20:46 PM Commission Discussion
09:23:49 PM Vote on Amendment #8 to reduce the amount in the budget for the PROST Plan by
$100,000. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:24:34 PM Amendment #9 to reduce the Workforce Housing Levy by $78,000.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:24:48 PM Commission Discussion
09:31:53 PM Vote on Amendment #9 to reduce the Workforce Housing Levy by $78,000. Motion failed
0-5.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
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09:32:15 PM Discussion
Discussion focused on the Workforce Housing Fund.
09:41:35 PM Amendment #10 to remove the $100,000 purchase of property line item, eliminate the
line item, and move it into the ending balance.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:44:02 PM Commission Discussion
09:44:08 PM Vote on Amendment #10 to remove the $100,000 purchase of property line item,
eliminate the line item, and move it into the ending balance. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
09:44:30 PM Discussion
Discussion focused on the youth shelter.
09:48:41 PM Amendment #11 to eliminate the Parks Maintenance District Feasibility Study.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:48:47 PM Commission Discussion
09:52:27 PM Vote on Amendment #11 to eliminate the Parks Maintenance District Feasibility Study.
Motion failed 2-3.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Approve
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09:53:11 PM Amendment #12 to reduce the General fund contribution to the Fire Master Plan by
$35,000.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:53:18 PM Commission Discussion
09:55:41 PM Vote on Amendment #12 to reduce the General fund contribution to the Fire Master Plan
by $35,000. Motion failed 2-3.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Approve
09:56:25 PM Amendment #13 to reduce the police car funding by $55,000.
Commissioner - Chris Mehl: Motion
Motion failed for lack of a second.
09:56:43 PM Amendment #14 to reduce the Tree Maintenance Assessment increase to 25% due to the
health insurance correction, which will result in the savings of $23,004.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:57:05 PM Commission Discussion
09:58:03 PM Vote on Amendment #14 to reduce the Tree Maintenance Assessment increase to 25%
due to the health insurance correction, which will result in the savings of $23,004. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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09:59:05 PM Meeting Extended
Mayor Taylor extended the meeting until 10:30 PM.
09:59:21 PM Amendment #15 to add a mid-year Sungard Software Application Manager at a cost of
$46,000 dollars.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:59:38 PM Commission Discussion
10:05:00 PM Vote on Amendment #15 to add a mid-year Sungard Software Application Manager at a
cost of $46,000 dollars. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
10:05:29 PM Amendment #16 to hire a mid-year Planner III at a cost of $41,000.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
10:05:40 PM Commission Discussion
10:19:26 PM Vote on Amendment #16 to hire a mid-year Planner III at a cost of $41,000. Motion
passed 3-2.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Disapprove
10:19:43 PM Questions for Staff
Cr. Mehl asked for clarification from Director Rosenberry regarding funding source for the Planner III
position.
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10:20:54 PM Amendment #17 to use the long-range planning restricted funding to fund the Planner III
position.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
10:21:19 PM Commission Discussion
10:22:03 PM Vote on Amendment #17 to use the long-range planning restricted funding to fund the
Planner III position. Motion passed 4-1.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Disapprove
10:22:28 PM Amendment #18 to reduce the General fund contribution to the Community Development
Fund by $150,000.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
10:22:56 PM Commission Discussion
10:25:35 PM Vote on Amendment #18 to reduce the General fund contribution to the Community
Development fund by $150,000. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
10:26:04 PM Amendment #19 to reduce the General fund contribution to the Community Development
fund by $50,000, in order to pay for a portion of the NCOD survey and design work from the NCOD
reserve fund.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
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10:26:51 PM Commission Discussion
10:27:58 PM Vote on Amendment #19 to reduce the General fund contribution to the Community
Development fund by $50,000, in order to pay for a portion of the NCOD survey and design work from
the NCOD reserve fund. Motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
10:28:32 PM Amendment #20 to cut $10,000 from the Library budget for web redesign and work along
with $17,120 from the Library materials budget, and use that money for a mid-year Library
Bookmobile Aide.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
10:29:16 PM Meeting Extended
Mayor Taylor extended the meeting until 10:45 PM.
10:29:05 PM Commission Discussion
10:40:23 PM Vote on Amendment #20 to cut $10,000 from the Library budget for web redesign and
work along with $17,120 from the Library materials budget, and use that money for a mid-year
Library Bookmobile Aide. Motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
10:40:46 PM Amendment #21 to set aside $59,000 for possible portable radio acquisition for the Police
Department.
Commissioner - Chris Mehl: Motion
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Motion failed for lack of a second.
10:41:17 PM Discussion
Discussion focused on Bronken Park Pathway.
10:42:36 PM Questions of Staff
Cr. Pomeroy asked what the final budget reduction ended up at.
Mayor Taylor asked what the final percent reduction ended at.
10:45:23 PM Meeting Extended
Mayor Taylor extended the meeting until 11:00 PM.
10:45:26 PM Amendment #22 to defer levying $1.5 million for the intersection upgrades.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
10:45:56 PM Commission Discussion
10:55:03 PM Vote on Amendment #22 to defer levying $1.5 million for the intersection upgrades.
Motion failed 1-4.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
10:55:27 PM Amendment #23 to direct the City Manager to prepare a budget with an additional $1.5
million dollars in savings to the taxpayer.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
10:57:19 PM Commission Discussion
10:58:18 PM Meeting Extended
Mayor Taylor extended the meeting to 11:10 PM.
10:58:20 PM Commission Discussion (continued)
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11:11:48 PM Vote on Amendment #23 to direct the City Manager to prepare a budget with an
additional $1.5 million dollars in savings to the taxpayer. Motion failed 2-3.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Disapprove
Commissioner - Chris Mehl: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Approve
11:12:26 PM Meeting Extended
Mayor Taylor extended the meeting to 11:30 PM.
11:12:40 PM Commission Discussion on the Main Motion.
11:28:56 PM Meeting Extended
Mayor Taylor extended the meeting to 11:40 PM.
11:36:26 PM Vote on the Main Motion as Amended that having reviewed the staff report, made
further revisions, considered public comment, and considered all of the information presented, I
hereby move to approve Resolution 4693, a Resolution of the City Commission of the City of Bozeman,
Montana, appropriating funds for various budget units, and further estimating revenue necessary to
operate and maintain services of municipal government for the Fiscal Year ending June 30, 2017.
Motion passed 3-2.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Disapprove
G. 11:36:51 PM FYI/Discussion
City Manager Kukulski asked what the Mayor’s preference was for starting at 5:00 PM next week.
H. 11:38:33 PM Adjournment
Mayor Taylor adjourned the meeting at 11:38 PM.
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our Interim ADA Coordinator, Chuck Winn, at 582-2307 (TDD 582-2301).
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Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
PREPARED BY:
___________________________________
Robin Crough, MPA
City Clerk
Approved on: ___________________________________
82
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, June 27, 2016
DUE TO A TECHNICAL MALFUNCTION, AUDIO IS NOT AVAILABLE UNTIL 06:34:52 PM (AT THE BOTTOM
OF PAGE 4) PLEASE REVIEW TYPED MINUTES BELOW UP UNTIL 06:34:52 FOR MEETING CONTENT. IN
TOTAL, AUDIO FOR APPROXIMATELY 25 MINUTES OF THIS MEETING IS UNAVAILABLE. PLEASE NOTE
THAT THE TIMESTAMPS DO NOT COORDINATE WITH THE ACTUAL TIME OF THE MEETING, REAL TIME
WAS APPROXIMATELY 42 MINUTES IN ADVANCE OF TIMESTAMPS.
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present City Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough
A. Call to Order – 5:30 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 5:30 PM.
B. Pledge of Allegiance and a Moment of Silence
C. Public Service Announcements (Moved to after Item D – Consent)
1. City Manager Chris Kukulski informed the Commission that City offices would be
closed and there would be no City Commission Meeting on July 4, 2016 due to the
Independence Day holiday.
2. Deputy Fire Chief/Fire Marshal Trisha Wolford discussed some safety items
regarding fireworks for the 4th of July. She requested that children be supervised
when using fireworks, and also that young children should not use them. She
requested the process to disarm “dud” fireworks. Please do not light fireworks in
dry or heavy brush areas and have water available for fire control. Follow directions
on fireworks and follow the City code for allowable fireworks. Police Chief Steve
Crawford discussed the hours allowable for fireworks, as well as the specific areas
where fireworks are prohibited. Officers will also be alert for impaired drivers.
D. Changes to the Agenda
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1. City Manager Kukulski notified the Commission that the City will be adding a public
service announcement regarding fireworks.
2. City Manager Kukulski stated that per request of Commissioner Krauss, they will be
pulling Item 10 from the consent calendar for a separate vote.
3. The Commission decided to add a discussion item to FYI to create a plan for the
absence of the Mayor and Deputy Mayor at the same time, and possibly appoint an
Interim Mayor.
E. Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize Write Off of Stale-Dated Accounts Payable Checks and Stale-Dated Non-
Sufficient Funds Checks from the City’s General Accounting Ledger (LaMeres)
3. Resolution 4697, Authorizing Participation in the Board of Investments of the State
of Montana Short Term Investment Pool and Authorizing the Execution and Delivery
of documents Related Thereto (Clark)
4. Resolution 4698, Approving Change Order Number 1 with Saunders Line
Construction for the Downtown and North 7th Conduit Project (Gamradt)
5. Resolution 4700, Supporting Ratification of the Confederated Salish and Kootenai
Tribes Water Compact (Woolard)
6. Authorize the Mayor to Execute a Conveyance of Vacated Street at East Alderson to
Bozeman School District Number 7 (Cooper)
7. Authorize the Mayor to Sign the Montana Department of Commerce Big Sky
Economic Development Trust Fund Program Grant Award Contract to Wisetail, and
Authorize the City Manager to Execute Related Documents (Fontenot)
8. Authorize the City Manager to Sign a Professional Services Agreement with AE2S for
Electrical Instrumentation and Programming for the 2016 Burrup Lift Station
Improvements Project (Gamradt)
9. Authorize the City Manager to Sign a Professional Services Agreement with
OmniEarth for the Development of a Water Conservation Plus Product for Education
and Outreach (Leoniak)
10. Authorize the City Manager to Sign a Professional Services Agreement with
Community Design Group to Update the Design Objectives Plan for Entryway
Corridors (Owens)
11. Authorize the City Manager to Sign an Amendment to the Professional Services
Agreement with Tetra Tech for a Landfill Gas / Soil Vapor Extraction System at the
Story Mill Landfill (Hixson)
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12. Authorize the City Manager to Sign Amendment Number 2 to Task Order Number 3
for the Professional Services Agreement with DOWL for Right-of-Way Acquisition for
the North 7th Avenue Lighting and Sidewalk Project (Fine)
13. Authorize the City Manager to Sign the Memorandum of Agreement and Certificate
of Acceptance for the Purchase of Easements, Temporary Construction Easements,
and Right-of-Way for the Construction of Improvements to Baxter Lane, Parcel 8
(Hixson)
14. Authorize the City Manager to Sign the First Addendum to the Dark Fiber Lease
Agreement with Bozeman Fiber for a Deadline Extension (Fine/McMahan)
15. Approve a Beer and Wine License for Caspian of Bozeman, Montana to Sell Beer and
Wine at 34 North Bozeman Avenue (Rosenberry)
16. Formal Cancellation of the July 4, 2016 City Commission Meeting (Crough)
Summary of Consent Items
City Manager Chris Kukulski gave an overview of Consent Items 1-16 (excluding Consent Item 10).
Public Comment
Mayor Taylor opened public comment on Consent Items 1-16 (excluding Consent Item 10).
There was no public comment.
Public comment was closed.
Motion and Vote to approve Consent Items 1-16 as submitted (excluding Consent Item 10). Motion
passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Consent Item 10: Authorize the City Manager to Sign a Professional Services Agreement with
Community Design Group to Update the Design Objectives Plan for Entryway Corridors.
Wendy Thomas, Staff Presentation
Community Development Director Wendy Thomas discussed the Professional Services Agreement with
Community Design Group, providing context and explaining need.
Public Comment
Mayor Taylor opened public comment on Consent Item 10.
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There was no public comment.
Public comment was closed.
Motion to authorize the City Manager to sign a professional services agreement with Community
Design Group to update the Design Objectives Plan for entryway corridors. Motion passed 4-1.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd Discussion
There was no discussion.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. Public Comment
Public Comment, Mary Vant Hull
Ms. Vant Hull asked the City Commission to do no unintended harm when it comes to local issues. She
went to the public meeting regarding the Parking Plan and read the full report. She stated that
downtown is crucial to the community, and that installing parking meters would have terrible
consequences. She also stated that downtown needs as much attention and care that we can give it. She
asked that the Commission consider this with mobile vending. She also thinks that vacation homes
would affect affordable housing.
Public Comment Closed
Mayor Taylor closed public comment.
G. Special Presentations
1. Bozeman Police Department 2015 Annual Report (Crawford)
Police Chief Steve Crawford gave the Bozeman Police Department Annual Report. He discussed staffing
and 2015 snapshot numbers.
Questions of Staff
DM Andrus asked about the library substation, and the code compliance workload.
06:34:52 PM AUDIO RECORDING RESUMES.
CR Pomeroy asked about drug problems connected with mental illness, and what does the staff
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committed to this look like, and does the state need to change policy to address people with mental
illness? She also asked about Bozeman’s crime rate related to Great Falls.
Mayor Taylor asked if Chief Crawford had a number or percentage of accidents where drugs or alcohol
were involved.
CR Krauss asked how many female officers were on staff out of 65 total officers.
2. 06:40:57 PM Unified Development Code Update (Rogers)
Tom Rogers, City Planner, gave an update on the Unified Development Code update. He discussed
accomplishments, project timeline, the entryway corridor, Midtown zoning, Midtown Parking, next steps,
and the 7 articles to be updated. He also gave a number of layout examples. He invited Commission input
on the adoption plan.
06:51:18 PM Questions of Staff
CR Mehl asked for clarification on why Cottage Housing was not included.
DM Andrus asked if the changes to 7th are in effect, and about process of rezoning B-2M.
CR Pomeroy asked if the update makes the process easier for developers.
H. 06:54:10 PM Action Items
1. 06:54:19 PM Lamme Street Zone Map Amendment (ZMA) Requesting Amendment of
the City Zoning Map for 5.1 Acres (Including Right-of-Way and Alleys) from R-4 (High
Density Residential) District to R-5 (Residential Mixed-Use High Density) District,
Subject Area Generally Located South of Lamme, West of 8th Avenue, East of 11th
Avenue, and on the North Side of the B-2M Zoning District Boundary, Application
15320 (Rogers)
06:54:53 PM Tom Rogers, Staff Presentation
Tom Rogers, City Planner, discussed the Lamme Street Area ZMA. He provided background on the zoning
of the area, the district descriptions discussed with the primary differences (R-4 vs. R-5). He also discussed
and clarified the zoning density. He discussed the criteria of evaluation, and the protest and public
comment component of the zoning change. Staff is supportive of this particular zoning change.
07:04:30 PM Questions of Staff
CR Krauss asked if this rezoning was excluded from the initial zoning change that was proposed and
pulled at an earlier meeting, and who the applicant was.
DM Andrus asked about the differences in R-4 and R-5.
07:06:50 PM Public Comment
Mayor Taylor opened public comment.
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07:07:06 PM Public Comment, Glenn Monahan
Mr. Monahan stated that he and his neighbors are concerned about ripple effects of this zoning on his
neighborhood. He stated that the Commission should consider the very strong opposition that has come
from residents of this neighborhood.
07:10:27 PM Public Comment, Matthew Shutes
He is concerned that the rezoning will be opening this for development if approved.
07:11:51 PM Public Comment, Luke Howard
R-5 rezoning is appropriate and in the neighborhood’s best interest. Redevelopment projects don’t pop
up overnight, this will allow the City to hone its code in.
07:14:53 PM Public Comment, Nancy Schultz
Ms. Schultz asked for the percentage of lot coverage in R-4. She opposes the zoning change and its
effect on the neighborhood. The rezoning will be a huge negative in the area.
07:16:54 PM Public Comment, Michael Tucker
Zoning gives homeowners predictability. Zoning changes affect homeowners’ ability to buy/sell homes.
He doesn’t see why a vote has already taken place.
07:19:06 PM Public Comment, Mark Albee
Mr. Albee opposes the zoning change, and has enjoyed this residential area, and as this area has been a
more affordable area, this doesn’t fit the City’s push for more affordable housing. Additional
commercial/retail will not benefit the area.
07:22:53 PM Public Comment, Heather Collins
She is very passionate about this neighborhood, and confused about what the zoning actually entails.
She does not support the zoning change. This block was not included in previous zoning changes that
she was able to find online. She also felt there was significant critique about this not being a “nice”
neighborhood. She asked to leave the neighborhood as is.
07:28:52 PM Public Comment Closed
Mayor Taylor closed public comment.
07:28:57 PM Questions of Staff/Discussion
Mayor Taylor asked about the process with the protest. City Attorney Sullivan explained the protest
forms and process, and that the forms did not explicitly say “protest.” The Commission agreed that the
intent and numbers did meet the threshold.
CR Krauss asked about the public comment, and the coverage of lots of R-4 vs. R-5. Staff responded in
detail. He also asked to discuss in FYI the minutes from the June 15th Neighborhood Meeting.
07:35:08 PM Motion that having reviewed and considered the application materials, public comment,
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recommendation of the Zoning Commission, and all the information presented, I hereby adopt the
findings presented in the staff report for application 15320 and move to approve the Lamme Street
Zone Map Amendment, with contingencies required to complete the application processing.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:35:34 PM Discussion
CR Mehl thanked the public for their comments. He does support the motion, but he was proud of the
neighborhood and let them know they were heard. He clarified that the Zoning Commission, and the
Commission, as well as the neighborhood has discussed this many times, and the public was fairly
noticed. He further discussed his rationale behind his decision.
CR Pomeroy discussed the Commission’s obligation to protect the current character of the
neighborhood.
CR Krauss heard the public, and is voting no.
DM Andrus has also heard the public, but as the community grows and needs infill and density. Her vote
is specific to this neighborhood only. These kinds of changes will happen, and may be painful in the
future. She will be voting against the motion.
Mayor Taylor discussed the need to be more proactive about telling neighborhoods about their protest
options. He stated he understood the predictability of zoning, but changes remain the right of the City,
and will happen. He will be supporting the motion.
07:59:18 PM Motion and Vote that having reviewed and considered the application materials, public
comment, recommendation of the Zoning Commission, and all the information presented, I hereby
adopt the findings presented in the staff report for application 15320 and move to approve the Lamme
Street Zone Map Amendment, with contingencies required to complete the application processing.
Because the motion required a 2/3rds vote, the Motion failed 2-3.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
2. 07:59:42 PM A Growth Policy Amendment (GPA) to Revise the Future Land Use Map
from Residential to Business Park Mixed Use on 0.91 Acres, located at 1905 West
College Street, and Consideration of Approving Resolution 4699 for the Amendment
to Figure 3-1 of the Bozeman Community Plan, 19th and College Growth Policy
Amendment Application 16051 (Rice)
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08:00:12 PM Mayana Rice, Staff Presentation
City Planner Mayana Rice presented the Growth Policy Amendment at 1905 West College Street, and the
trending of the area towards the proposed zoning. The GPA is consistent with the overall intent and the
intent of the growth policy, and it will not adversely affect the area. There was no public comment, and
the DRC recommends approval.
08:06:06 PM Questions of Staff
DM Andrus asked for clarification of the B-2M land use designation, and is that applicable here.
08:07:59 PM Ed Mattos, Applicant Presentation
Mr. Mattos, with Bridger Engineers, agreed with the staff report and its findings. R-4 did not seem
appropriate because of all the traffic.
08:09:19 PM Questions of Applicant
DM Andrus asked if the applicant had considered the B-2M option.
08:10:48 PM Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public comment was closed.
08:11:07 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
Resolution 4699, a resolution of intent to amend the City of Bozeman Community Plan per application
16051 and move to approve the 1905 West College Growth Policy Amendment with contingencies and
subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:11:55 PM Discussion
CR Pomeroy stated the GPA makes sense for the area.
DM Andrus thought that B-2M may have made sense for the area, but she supports the motion.
CR Mehl supports the staff conclusion and motion.
CR Krauss is ambivalent, but it fits the criteria so he will support it.
Mayor Taylor supports the motion as it is more commercial than residential.
08:15:58 PM Motion and Vote 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 Resolution 4699, a resolution of intent to amend the City of Bozeman Community Plan per
application 16051 and move to approve the 1905 West College Growth Policy Amendment with
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contingencies and subject to all applicable code provisions. Motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 08:16:16 PM 1905 West College Street Zone Map Amendment (ZMA) to Change the
Zoning of 0.91 Acres from R-4 (Residential High Density) to R-O (Residential-Office) at
1905 West College Street, Application 16248 (Rice)
08:16:38 PM Mayana Rice, Staff Presentation
Ms. Rice discussed the Zone Map Amendment, and provided context including the surrounding land use
designations. The R-O designation provides more flexibility for the landowner. No public comment was
received, and DRC recommends approval.
08:20:17 PM Questions of Staff
There were no questions of staff.
08:20:25 PM Questions of Applicant
CR Mehl asked if the applicant was okay with the staff’s conditions.
08:20:56 PM Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public comment was closed.
08:21:11 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 16248 and move to recommend approval of the Zone Map Amendment with the identified
contingencies.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
08:21:31 PM Discussion
DM Andrus supports the ZMA as it meets the criteria and growth policy.
CR Mehl also supports the application and it seems to be beneficial.
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08:22:18 PM Motion and Vote 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 16248 and move to recommend approval of the Zone Map Amendment with the
identified contingencies. Motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:22:31 PM Break
Mayor Taylor declared a break until 7:50 PM.
08:33:36 PM Meeting Called Back to Order
Mayor Taylor called the meeting back to order.
4. 08:33:48 PM Joint Law and Justice Campus Project Discussion (Winn)
08:33:57 PM Chuck Winn, Staff Presentation
Assistant City Manager Chuck Winn presented on the Joint Law and Justice Campus project. He provided
background information, the nature of the project (including both the law enforcement building and the
court building), and a breakdown of the three types of spaces in the building, with percentage estimations
of space and cost allocations. He further discussed land ownership, ownership structure, and the project
debt. The County will issue the bonds for the project, but there are some questions about how to operate
the mill levy. He discussed the shared expertise that will exist on the project, specifically Facility Services
and Information and Technology Services, for shared costs. He also discussed the sustainability aspects of
the project.
08:47:36 PM Questions of Staff
CR Krauss asked for clarity on the bond election / mill levy, and the legality of the debt. Administrative
Services Director Anna Rosenberry explained in detail, specific to financial advantages and simplicity. He
followed up regarding asking the voters (and which voters) to approve the large debt. He also asked for a
cost breakdown beyond just percentages.
CR Mehl asked about the language disclosure at an upcoming meeting.
08:56:52 PM Public Comment
Mayor Taylor opened public comment.
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There was no public comment.
Public comment was closed.
08:57:15 PM Questions of Staff Continued / Discussion
CR Mehl asked Mr. Winn about the difference between shared and common space.
Mayor Taylor asked how the group came to the high amount of shared space in the law enforcement
building, and what the percentage is. He also asked if the levy was just the increase in cost of the project,
not total. He also asked Mr. Winn what questions the Commission should address in this discussion.
DM Andrus asked for clarity on whether the City percentages are also included in the County costs, and
what the totals would be.
CR Krauss discussed what the City’s real percentage will likely be, and asked if there was a “joint location
premium.” He also asked what the recommendation of the City Manager was.
DM Andrus agrees with the breakdown, but stated it should be clearer that the percentage to the City
will be different. She also strongly asked for simplicity on the ballot language.
CR Mehl asked when the project would open if everything went well.
Mayor Taylor discussed the proposed L&J Center in the last go-around, and that it was defeated because
the public wanted more collaboration. He is now generally okay with the project, but the challenge will
be describing the project and costs to the citizens of Bozeman.
CR Mehl reminded everyone of the need of the project, and discussed project funding.
CR Pomeroy discussed cooperation and the fact that the Police and Sheriff are maxed out. She wants to
see this passed.
Mr. Winn confirmed that the Commission was okay with the current percentages, and that the City should
proceed with just one mill levy question. The draft Interlocal Agreement will come back on July 11th.
No motion is required. Advertised as Action Item so that Commissioners may direct staff as necessary.
5. 09:25:51 PM Provisional Adoption of Ordinance 1952, Amending Chapter 38 of the
Bozeman Municipal Code to Create a Cottage Housing Residential Type, Assign the
New Use to Residential Districts, Establish Standards for Cottage Housing, and
Establish Procedures for Cottage Housing Subdivisions, with Additional Sections To Be
Amended If It Is Determined To Be Needed During the Course of Review, Amending
Uses Allowed on All Residentially Zoned Property Except the Residential Suburban
District, Application 16146 (Saunders)
09:26:29 PM Chris Saunders, Staff Presentation
Community Development Assistant Director Chris Saunders presented an overview on Cottage Housing.
He discussed the changing profile of housing, some existing small home examples in Bozeman, building
code requirements, and examples of areas that could fit in the scope of the proposed ordinance. Specific
to the ordinance, Mr. Saunders discussed the proposed definitions and proposed locations, and the review
process in comparison to other subdivisions. Mr. Saunders acknowledged a couple public comments that
came in, and clarified some ordinance language. Detail is a critical component. He also discussed what the
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challenges would be, and the criteria for evaluation. General public feedback has been positive, but he
proposed potential alternatives for the Commission.
09:54:14 PM Questions of Staff
DM Andrus asked if any of these were currently being built. She followed up with a question about utility
challenges, and what are the options. She also asked for more clarity on setbacks. She also asked about
when building the affordable units was required in the development sequence, and more about the
decoupling of Cottage Housing and Affordable Housing.
CR Mehl asked why 10% was selected for departures.
Mayor Taylor asked for staff’s recommended timeline for indicating success.
10:02:07 PM Public Comment
Mayor Taylor opened public comment.
10:02:15 PM Robbie Gammick, Public Comment
Ms. Gammick was initially very excited about this, but inside the city, there aren’t enough big lots to make
this work. Doesn’t make fiscal sense for affordable housing, the cottage plan and the infill plan should be
different.
10:07:16 PM Luke Howard, Public Comment
Mr. Howard stated that SWMBIA is excited about Cottage Housing projects. Downtown it could be more
difficult, but in general the proposed code is good.
10:09:41 PM Kevin Thane, Public Comment
Mr. Thane, Chair of CAHAB, stated the Cottage Housing ordinance is a step in the right direction, but the
provisions included make this a development ordinance, not a housing ordinance, which bumps up the
cost in a number of ways. Instead of setbacks, have row-houses. The slope-roofed requirement is also too
restrictive. Lot size restriction is also too restrictive. Cottage Housing should only be one arrow in the
quiver of “innovative housing.”
10:15:05 PM John Belshaw, Public Comment
He was very impressed with Mr. Saunders’ presentation. He believes it’s a great concept, but there are a
lot of other considerations.
10:17:41 PM Ben Lloyd, Public Comment
Architect at CommaQ, he has come to realize that land and infrastructure costs are difficult and expensive
to reallocate. The affordable component has been very difficult in an infill situation. From a design
standpoint, he supports the ordinance, but from an affordability standpoint, it’s difficult.
10:20:16 PM Questions of Staff Continued / Staff Rebuttal
CR Mehl asked if infill was part of the upcoming UDC rewrite, and if the infill provisions are the same as
for affordable housing.
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Mr. Saunders made a clarification on the open space requirement. He also addressed the land price
concerns of citizens, but this is just one option to address the issue.
CR Pomeroy asked for Mr. Saunders’ opinion on being more flexible on the sloped roof standard. She
followed up to ask about the high price of infill addressed earlier.
10:29:04 PM Motion that having reviewed and considered the proposed ordinance, public comment,
the recommendations from the Planning Board and Zoning Commission, and all the information
presented, I hereby adopt the findings presented in the staff report for application 16146 and move to
provisionally adopt Ordinance 1952.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
10:29:28 PM Discussion
CR Mehl stated that it was far past time this become an option for Bozeman, as it is one more tool the
City can have available. He likes many of the options in the ordinance, and the Commission should be
realistic about the role Cottage Housing can and should play. Infill will be considered shortly with the
UDC regardless.
CR Krauss stated he did not support the motion because of the affordable housing inclusion.
CR Pomeroy stated that it can support Affordable Housing, and it’s the right direction, so she supports
the motion.
DM Andrus also supports the ordinance, but would also like to address the infill concerns in January
with the UDC rewrite.
Mayor Taylor also supports the motion, but that the public comment is legitimate and should be
discussed shortly. But this is an important step forward in Affordable Housing. The Planning Department
should definitely keep the idea of having a timeline for project success in mind. This is one step in the
process of figuring it out.
10:39:07 PM Motion and Vote that having reviewed and considered the proposed ordinance, public
comment, the recommendations from the Planning Board and Zoning Commission, and all the
information presented, I hereby adopt the findings presented in the staff report for application 16146
and move to provisionally adopt Ordinance 1952. Motion passed 4-1.
Commissioner - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Commissioner - Jeff Krauss: Disapprove
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
I. 10:39:34 PM FYI/Discussion
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Bozeman City Commission Agenda, June 27, 2016
Page 14 of 15
• Mayor Taylor asked if a temporary mayor should be appointed when the Mayor and Deputy
Mayor are both out of town. City Attorney Sullivan stated the power lies in the Commission,
but that they should decide how they want to proceed. DM Andrus suggested that the
former Mayor Krauss take the mantle. CR Krauss is appointed in the mayor and perform
mayoral duties if necessary.
10:42:29 PM Meeting Continued at 10:00 PM for 30 seconds.
• CR Krauss asked a question about the June 15th neighborhood meeting that the
Commissioners attended and commented. City Attorney Sullivan determined that
Neighborhood Coordinator J. Johnson should write up her notes and approve them as
minutes.
10:44:18 PM Mayor Taylor continued the meeting until 10:05 PM.
• City Manager Kukulski made a clarification on the purpose of the UDC rewrite that CR
Pomeroy brought up earlier in the meeting.
J. 10:47:55 PM Adjournment
Mayor Taylor adjourned the meeting at 10:05 PM.
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our Interim ADA Coordinator, Chuck Winn, at 582-2307 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
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Bozeman City Commission Agenda, June 27, 2016
Page 15 of 15
PREPARED BY:
___________________________________
Robin Crough, MPA
City Clerk
Approved on: ___________________________________
97
DATE:
TIME:
April 29, 2016
Noon -1 :30 pm
LOCATION:
RE:
Three Forks -Headwaters Golf Course (211 i" Ave E)
Local County Government Round Table Discussion
Discussion Regarding:
I. Law & Justice Center Campus Update
2. Triangle Planning Committee
3. Other
4. Time I Date/ Host of next meeting
Directions -(follow mv red drawing)
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225 t" Ave E
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100
Local County Government Round Table Discussion
Three Forks – Headwaters Golf Course
4/29/2016
Commissioner Joe Skinner called the discussion to order and asked everyone to introduce
themselves (see attached sign in sheet). Commissioner Skinner thanked Three Forks for hosting
this and getting these meetings back together – the meetings have been missed.
Law & Justice Center Campus Update – Commissioner Skinner asked County Administrator
Jim Doar to provide an update on the Law & Justice Center construction project. Mr. Doar
stated that the County has been working diligently with its architect firm, Think One, on the
design with an oversight committee. The committee consists of Commissioner Skinner, Anna
Rosenberry (Bozeman Finance Director), Ed Blackman (County Finance Director), Carson
Taylor (Bozeman Mayor), Jim Doar and Chuck Winn (Bozeman Assistant City Manager). Mr.
Doar had a conference call just this morning to review cost estimates and the exterior design.
The architect’s finished schematic design is complete. It is a goal that the final costs should be
before the County Commissioners in July, to be put be on the November ballot. There is an
education committee that was formed to push education to the voters and a “yes” vote.
Hopefully this ballot passes and we could break ground next Spring. The plan right now is for
two buildings, a four-story court building and a two-story law enforcement building. The law
enforcement building would be shared by the City of Bozeman and Gallatin County. The court
building would house the district courts and victim services, and is proving more challenging,
and the City Attorney and County Attorney have been working together very hard about traffic
flow, logistics to and from the detention facility, etc. The old facility would be demolished and
the space used to provide parking. “Something like 49% of the law enforcement building would
be shared, not quite that closely shared on the court building,” Jim said. This provides an
enormous cost savings. Bozeman Commissioner I-ho Pomeroy asked if there was any way to
save any more money, as she has spoken with many people who argue the cost is just too high.
These buildings are designed for future growth; there are already a few extra office spaces for
attorneys, as well as room for future expansion when needed. Joe Skinner stated that he realizes
this is very expensive, but is convinced that by uniting with the City of Bozeman this saves more
money and is the best technological option we currently have. If this project fails, and we try
again with the exact same project in a few years, it will be more expensive. He believes this is
the best option at the best price right now. I-ho stated that the County is growing and she wanted
to know how we plan to have room for more court rooms when there are already three? Joe
replied that we are at three now, but this proposal has a fourth built in for that future need, as
well as potential to add another. Three Forks Mayor Steven Hamilton asked if there was a
reason the old building could not be repurposed for anything else. Jim Doar replied that it has
been remodeled many times and used as a Law & Justice Center for almost 40 years – it just isn’t
101
a good idea to try and retrofit this building, which was built as a high school originally. Three
Forks Councilman Dennis Nelson spoke regarding the financial aspect – realizing the County
hasn’t gone out to the public yet to encourage voting, there are many bond issues out there to the
public this coming November and wondered how they planned to “sell” this to the public. Mr.
Doar answered that this is the number one priority for Gallatin County. Bozeman Commissioner
Jeff Krauss added that they have sucked the marrow out of this building and there are really no
other options – if you worked where the Bozeman City Police worked you would not tolerate it.
Jim echoed that from the County’s standpoint, the Sheriff’s Office provides excellent service
with the tools they have, but we need to give them better tools. Joe said that this problem is not
going to go away – he looks at it as a savings to our kids and grandkids who will be paying for it
eventually.
Triangle Planning Committee – Wendy Thomas, City of Bozeman Community Development
Director, recently presented the study to the Belgrade City Commission regarding the lack of
coordination/communication between Belgrade, the County for the Valley Center and Four
Corners area, and back into Bozeman. She is very excited about this to enhance communication
on the staff level and have a “planning fellowship”. This has allowed them extend training to
county planners, we are all learning from each other. The County Planners are the people with
the real passion behind this, similar to the Transportation Committee, comprised of an elected
official, planning board member and staff member of each of the three jurisdictions to meet at
least quarterly. There are no metrics for success yet. They may want to discuss things like the
shared use path along the Frontage Road. Where planners think of firm jurisdictions, the public
does not see it that way. They go from one place to the next and it all is seamless to them. How
we can better integrate road construction and routes to the other jurisdictions, such as like
bridges. We can communicate better on these issues within each of our own jurisdictions and
work to have a more shared community. We already share things like libraries, city-county
health and the law and justice center. This is another piece of what we all share. This plan was
adopted by the City of Belgrade, and the Gallatin County Commission. It will be before the City
of Bozeman on 5/23/2016 and then have each entity will appoint their members.
Joe Skinner noted that the County is working with the City of Bozeman a lot better than they had
in the past and a lot better than most people believe. The County is willing to work with the
cities of Belgrade, Manhattan, Three Forks and West Yellowstone as well.
Belgrade Mayor Russ Nelson asked the County to touch on 9-1-1. Commissioner Steve White
said that this will most likely not be a bond issue this year. There are some deficiencies in
equipment and coverage. Gallatin County is geographically very diverse. The canyon is barely
accessible, and another system setup in the West Yellowstone area. Each is trying to talk to the
other on basically another language: UHF, VHF, 800mHz, each department has different needs.
The 9-1-1 Dispatch Center is new, but the technology is not. Dispatch has to be capable of
intersecting police departments, the Sheriff’s office, and various fire department/districts’
messages via these communications.
102
I-ho asked about the County putting gas taxes on the ballot to help fund for street improvement
and infrastructure, noting that Bozeman has almost 1,000,000 visitors yearly that spend most of
their money on gas. She asked, “Why not implement a tax to be used to help pay for
infrastructure?” Joe Skinner replied that no one [town/city] has publicly requested the County
put this issue on a ballot. Steve White said that he does not believe such a tax includes diesel
fuel either, and many travelers are driving diesels. The County suggested the cities get together
to figure out a proportionate distribution, perhaps it is even set by MCA, to allow the County to
define a breakdown so it is fair to Three Forks, Belgrade, Manhattan, West Yellowstone the
same as it would be to Bozeman based on each town’s number of visitors. The County needs to
understand how that distribution to each city would work, so that they can explain it to the
taxpayers.
Any Other Items – Joe Skinner asked if there was anything legislatively that we could join
together to lobby. No one responded with any suggestions.
Wendy Thomas questioned that she believed the Department of Commerce said that if Belgrade
and Bozeman teamed up to be an entitlement community, there may be a way to partner and be
eligible for CDBG grant monies. Russ Nelson replied that he believed it required a minimum of
50,000 population. Wendy believed bridges would be a great joint effort to used CDBG funding
if awarded as a recipient.
There was discussion regarding holding more of these meetings again. Everyone was supportive
to continue these meetings, and opted to try and keep them quarterly. Gallatin County offered to
host the next meeting. The meeting was tentatively set for August 26, 2016.
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