HomeMy WebLinkAbout10-10-16 CC Mtg.- Minutes
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk
Chris Kukulski, City Manager
SUBJECT: Approve the Regular Meeting Minutes from September 12,
September 19, and September 26, 2016, and User Access to Linked
Minutes.
MEETING DATE: October 10, 2016
AGENDA ITEM TYPE: Minutes
NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google
Chrome, Firefox or Safari all work as well.
To view the video and the minutes of September 12, 2016 that are linked to the video please
click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 19, 2016 that are linked to the video please
click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 26, 2016 that are linked to the video please
click here (minutes are located by clicking on the related documents tab above agenda).
RECOMMENDATION: Approve the Regular City Commission Minutes as submitted.
SUGGESTED MOTION: I move to approve the combined City Commission Minutes from
September 12, September 19, and September 26, 2016 as submitted.
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.
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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 October 3, 2016
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Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 12, 2016
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Present
Mayor ‐ Carson Taylor: Present
Commissioner ‐ Chris Mehl: Present
Commissioner ‐ I‐Ho Pomeroy: Present
Staff Present at the Dais: City Manager Chris Kukulski, Assistant City Attorney Tim Cooper, City Clerk
Robin Crough, Administrative Services Director Anna Rosenberry
A. 06:00:17 PM (00:01:45) 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. 06:00:27 PM (00:01:55) Pledge of Allegiance and a Moment of Silence
C. 06:01:35 PM (00:03:03) Changes to the Agenda
D. 06:01:42 PM (00:03:10) Authorize Absence ‐ Deputy Mayor Andrus
06:01:56 PM (00:03:24) Motion and Vote to authorize the absence of Deputy Mayor Andrus. The
motion passed 4‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
E. 06:02:12 PM (00:03:40) Minutes
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Bozeman City Commission Minutes, September 12, 2016
Page 2 of 12
1. Approve the Regular Meeting Minutes from August 8, August 11, August 15, and August 22,
2016, and User Access to Linked Minutes
06:02:18 PM (00:03:46) Motion and Vote to approve the combined City Commission Minutes from
August 8, August 11, August 15, and August 22, 2016 as submitted. The motion passed 4‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
F. 06:02:37 PM (00:04:05) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign the Notice of Award and Purchase Agreement with Neo
Solutions for Polymer for the Bozeman Water Reclamation Facility Screw Press (Bartle)
3. Ratify the Acting City Manager's Signature on the 2016 Bridger Drive Trunk Sewer Main
Project Notice of Award to COP Construction, LLC (Murray)
4. Authorize the City Manager to Sign the Agreement for Extension of Sewer Service Across City
Parkland with the Trust for Public Land for the Bridger Drive Trunk Sewer Main (Murray)
5. Authorize the City Manager to Sign the Sewer Pipeline and Access Easement and Agreement
with The Trust for Public Land for the Bridger Drive Trunk Sewer Main (Murray)
6. Authorize the City Manager to Sign a Contract Agreement with Brycer LLC to Provide
Electronic Records Submission for Fire Inspection Reports (Waldo)
7. Authorize the City Manager to Sign a Contract Agreement with Duneman Construction, Inc.
for Two (2) Stormwater Treatment Units at West Lamme and North 11th, and South Rouse
and East Lincoln (Mehrens)
8. Authorize the City Manager to Sign the Professional Services Agreement and Task Order
Number 1 with Leland Consulting Group for Economic Development, Corridor Revitalization,
and Parking Consulting Services in the Midtown Urban Renewal District (Fine)
9. Authorize the City Manager to Sign Amendment Number 1 to the Construction Contract
Agreement with DLM Contracting, Inc. for the Bozeman Pond Park Expansion TOP Project
(Poissant)
10. Authorize the City Manager to Sign Amendment Number 3 to the Professional Services
Agreement with Sanderson Stewart for Front Street Connector Trail Design and Engineering
(Poissant)
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Bozeman City Commission Minutes, September 12, 2016
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11. Authorize the City Manager to Sign Amendment Number 7 to the Professional Services
Agreement with Morrison‐Maierle for the 2014 Wastewater Collection System Facility Plan
Update (Murray)
12. Authorize the City Manager to Sign the Bureau of Reclamation WaterSMART Grant Award
Acceptance for the Sunset Hills Cemetery and Lindley Park Water Conservation Project
(Leoniak)
13. Resolution 4719, Correcting and Renumbering Special Improvement Lighting District Number
731 (Allison Subdivision Phase III) to Special Improvement Lighting District Number 734
(Allison Subdivision Phase III) (Crough)
14. Resolution 4727, Appointment of Special Prosecutor in the Matter of KE (Sullivan)
15. Final Adoption of Ordinance 1956, Approving a Zone Map Amendment (ZMA) to Revise the
Zoning Map from R‐4 (Residential High Density) to R‐O (Residential‐Office) on 0.916 Acres,
Located at 1905 West College Street, Application 16248 (Rice)
06:02:47 PM (00:04:15) City Manager Overview
City Manager Kukulski provided an overview of Consent Items 1‐15.
06:06:27 PM (00:07:55) Public Comment
Mayor Taylor opened public comment on Consent Items 1‐15.
There was no public comment.
Mayor Taylor closed public comment.
06:06:55 PM (00:08:23) Motion and Vote to approve Consent Items 1‐15 as submitted. The motion
passed 4‐0.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
G. 06:07:17 PM (00:08:45) Public Comment
Mayor Taylor opened public comment.
06:08:23 PM (00:09:51) Tate Chamberlin, Public Comment
Mr. Chamberlin discussed the Interchange Symposium event that he has been working on. Tomorrow
night at Red Tractor Pizza at 7 PM is a City‐sponsored event on Bozeman and Gallatin County growth.
06:09:28 PM (00:10:56) Jack DeVant, Public Comment
Mr. DeVant is requested the City stop restricting the right‐turn only lane at College and Wilson at non‐
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Bozeman City Commission Minutes, September 12, 2016
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rush hour times.
06:10:37 PM (00:12:05) Mary Vant Hull, Public Comment
Ms. Vant Hull discussed food trucks and parking in the downtown. The trucks are dangerous for cars and
pedestrians.
06:13:48 PM (00:15:16) Andy Epple, Public Comment
Mr. Epple commented on the Story Mill ZMA later on the evening’s agenda. He is comfortable with the
developer and his intent, but rezoning to R‐4 is too substantial without the assurance of the current
developer.
06:16:03 PM (00:17:31) Laura Fedreau, Public Comment
Ms. Fedreau discussed the 5‐story building proposed at Black and Olive that would create too much
density and traffic. She has lived in the neighborhood for 20 years and does not support the
development.
06:17:35 PM (00:19:03) Paul Neibauer, Public Comment
Mr. Neibauer discussed the Black Olive proposal. He stated that just because something can be done
physically or legally, doesn’t mean it should be done. The neighborhood isn’t obstinate, but this isn’t the
right scale for the area. Parking is already always full there. He supports infill and density, but this
doesn’t work for downtown parking.
06:20:46 PM (00:22:14) Public Comment
Mayor Taylor closed public comment.
H. 06:20:50 PM (00:22:18) Mayoral Proclamation
1. 06:21:31 PM (00:22:59) Thriving Community Month (Taylor)
Sadie Swan read the Mayoral Proclamation, proclaiming September 2016 “Thriving Community Month.”
I. 06:23:06 PM (00:24:34) Special Presentation
1. 06:23:31 PM (00:24:59) Transportation System Improvements Summary (Woolard)
Craig Woolard, Director of Public Works, presented a summary overview of the current status of the City’s
transportation infrastructure and highlights of accomplishments with dedicated funds over the last few
years. One of the primary three components of work are contracted services, most importantly the chip
seal and mill and overlay projects of this summer. They’ve done over 70 pedestrian ramps, completed
large parts of the shared‐use path, and the beginning of network corridor design (funded by the Arterial
and Collector District assessments). The second category is operations projects, which includes projects
the streets crew has done through the use of additional maintenance funds. This includes patching
potholes, increased street sweeping, and mill and overlay projects. Lastly, street reconstruction projects
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including Story and North Wallace have been successful.
06:32:46 PM (00:34:14) Questions of Staff
CR Mehl asked if 2017 will see similar numbers as 2016 in regards to street maintenance. He also asked
what may go to bid for larger projects in the CIP for next year, as well as design work. He also asked
about construction inflation.
CR Pomeroy asked what the City can do to decrease the peak demand. As a follow‐up, she asked if Mr.
Woolard had a plan for how to implement his ideas.
06:42:08 PM (00:43:36) Discussion
CR Krauss thanked Mr. Woolard and his staff, since this is a big challenge, but he appreciates the
information that they provide the Commission.
Mr. Kukulski provided some additional information and thanked staff.
J. 06:46:27 PM (00:47:55) Action Items
1. 06:46:32 PM (00:48:00) Resolution 4709, Setting Mill Levies for Fiscal Year 2016‐2017 (FY17)
(Rosenberry)
06:47:03 PM (00:48:31) Staff Presentation
Administrative Services Director Anna Rosenberry discussed the FY17 mill value and the numbers
received from the Department of Revenue. She further discussed the FY17 recommendation, which is
the Commission levying 209.91 mills. She recommended that the City use FY16 cash carryover to cover
the $124,000 difference.
06:53:37 PM (00:55:05) Questions of Staff
CR Mehl asked about FY16 cash carryover, and what the options are to achieving the promised 3.23 mill
reduction, and the reserve. He also asked about the plans for the remainder of the cash carryover.
CR Pomeroy asked what the result of adopting the resolution as written. She asked what the total mill
reduction allowable would be.
Mayor Taylor asked about detail about the state‐imposed maximum of mills and where the City stood.
He asked if the levy was lowered by $10, how much would that be, and is there any benefit to having a
reserve cushion, as well as what would happen if the City went below the minimum reserve amount. He
asked the opinion of staff.
07:09:44 PM (01:11:12) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
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Bozeman City Commission Minutes, September 12, 2016
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07:10:04 PM (01:11:32) Motion to approve Commission Resolution 4709, Setting Mill Levies for Fiscal
Year 2016‐2017 at the amount of 205.3 mills.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
07:10:27 PM (01:11:55) Discussion
CR Krauss discussed his motion and how it does not charge the approximate 4.63 mills for the additional
reserve, and discussed the current budget and taxes.
CR Mehl discussed the intent of the motion, which he agreed with, as it would decrease the overall tax
increase.
CR Pomeroy stated the same and supports the motion.
CR Krauss asked if the value of a mill is back to that of before the recession.
Mayor Taylor was very satisfied with this year’s budget and supports the opportunity to reduce the tax
burden and supports the motion.
07:17:50 PM (01:19:18) Vote to approve Commission Resolution 4709, Setting Mill Levies for Fiscal
Year 2016‐2017 at the amount of 205.3 mills. The motion passed 4‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
2. 07:18:02 PM (01:19:30) Resolution 4710, Amending the City’s Annual Budget to Include Items
to be Funded with Property Tax Revenues that Exceed our Budgeted Property Tax Estimates
(Rosenberry)
Consider the motion: I move to approve Resolution 4710, Amending the City’s Annual Budget
to Include Items to be Funded with Property Tax Revenues that Exceed our Budgeted Property
Tax Estimates.
3. 07:18:27 PM (01:19:55) Resolution 4712, Creation of Special Improvement Lighting District
Number 735 for the Pine Meadows Subdivision (Rosenberry)
07:18:42 PM (01:20:10) Staff Presentation
Administrative Services Director Anna Rosenberry discussed the Pine Meadows Subdivision and the infill
nature of this SID, which is one light fixture. She also noted the renumbering the district.
07:20:23 PM (01:21:51) Questions of Staff
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Page 7 of 12
There were no questions of staff.
07:20:31 PM (01:21:59) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:20:44 PM (01:22:12) Motion to approve Resolution 4712, Creation of Special Improvement Lighting
District Number 735 for the Pine Meadows Subdivision.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
07:21:00 PM (01:22:28) Discussion
CR Mehl noted that there are a lot of lighting districts.
07:21:07 PM (01:22:35) Vote to approve Resolution 4712, Creation of Special Improvement Lighting
District Number 735 for the Pine Meadows Subdivision. The motion passed 4‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
4. 07:21:21 PM (01:22:49) Resolution 4714, Establishing Solid Waste Collection and Residential
Recycling Fees within the City of Bozeman (Rosenberry)
07:21:40 PM (01:23:08) Staff Presentation
Administrative Services Director Anna Rosenberry discussed that this resolution formally sets rate
increases for 2 years. She also noted new verbiage related to tenant deposits. She discussed the fee
schedule and increases.
07:24:16 PM (01:25:44) Questions of Staff
CR Pomeroy asked if the 2% increase will be competitive with the private sector.
07:25:38 PM (01:27:06) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
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Bozeman City Commission Minutes, September 12, 2016
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07:25:51 PM (01:27:19) Motion to approve Resolution 4714, Establishing Solid Waste Collection and
Residential Recycling Fees within the City of Bozeman.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Jeff Krauss: 2nd
07:26:13 PM (01:27:41) Discussion
CR Pomeroy discussed her support.
07:26:34 PM (01:28:02) Vote to approve Resolution 4714, Establishing Solid Waste Collection and
Residential Recycling Fees within the City of Bozeman. The motion passed 4‐0.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
07:27:12 PM (01:28:40) Break
Mayor Taylor called a break until 7:35 PM.
07:35:44 PM (01:37:12) Called to Order
Mayor Taylor called the meeting back to order at 7:36 PM.
5. 07:36:12 PM (01:37:40) Story Mill Road and Hillside Lane Zone Map Amendment to Revise
the Zoning Map from R‐2 (Residential Medium Density) to R‐4 (Residential High Density) on
1.6039 Acres (Rice)
07:36:30 PM (01:37:58) Staff Presentation
Associate Planner Mayana Rice discussed the Story Mill Road and Bridger Drive Zone Map Amendment.
She noted the split zoning of the land as well as the proposed and current zoning, and the surrounding
existing land uses. She discussed other development proposals in the area, and how the area is
changing, which includes regional park development, industrial use buffers, and surrounding R‐4. Ms.
Rice discussed the criteria for evaluation, and the nature of public comment received.
07:46:01 PM (01:47:29) Questions of Staff
CR Pomeroy asked if there are any other options beyond just higher density. She also asked about the
land’s proximity to the Trust for Public Land and affordable housing.
CR Mehl asked about the nature of the roads being arterials and collectors.
Mayor Taylor asked why the corridor would provide additional safeguards.
07:49:50 PM (01:51:18) Applicant Presentation
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Bozeman City Commission Minutes, September 12, 2016
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Applicant Jeff Brenner discussed his appreciation of the land that he has lived on for a period of time. R‐
2 would be cost prohibitive of improvements to the land. His intent is to develop the property while also
enhancing the area.
07:51:59 PM (01:53:27) Questions of Applicant
CR Mehl asked the applicant how long he had lived on the property, and if he’s okay with the conditions
of the memo. He also asked if he has any plans at this point.
Mayor Taylor asked if he had any sense of what will happen with the mill.
07:53:57 PM (01:55:25) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:54:20 PM (01:55:48) Motion that having reviewed and considered the application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report and
recommend approval of the Zone Map Amendment Application 16300 with contingencies.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
07:54:51 PM (01:56:19) Discussion
CR Krauss is concerned that a property owner would have to go to a higher density because the City has
loaded too many costs with developing a road.
CR Mehl, as the Zoning Commission liaison, discussed that it is an appropriate use of the area. He is in
support of the staff memo.
CR Pomeroy agreed with CRs Mehl and Krauss.
Mayor Taylor looked at the area and supports the motion. There are adequate safeguards to make sure
the development is appropriate.
08:03:53 PM (02:05:21) Vote that having reviewed and considered the application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report and
recommend approval of the Zone Map Amendment Application 16300 with contingencies. The motion
passed 4‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
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K. 08:04:31 PM (02:05:59) Non‐Action Items
1. 08:04:36 PM (02:06:04) Bridger Vale Planned Unit Development Concept Plan Review for a
Mixed Use Development on Manley Road, North of the East Gallatin Recreation Area,
Application 16274 (Optional Concept Review) (Krueger)
08:05:07 PM (02:06:35) Disclosure
Mayor Taylor disclosed that he is a member of the Sunrise Rotary Club, which wrote a letter of support.
CR Pomeroy also disclosed that she is a member of the Sunrise Rotary Club.
CR Mehl also disclosed that he is a member of the Sunrise Rotary club.
08:06:19 PM (02:07:47) Staff Presentation
Development Review Manager Brian Krueger discussed the proposed residential Bridger Vale Concept
Planned Unit Development. He noted that a growth policy amendment failed in May 2015. He discussed
other land uses and infrastructure in the vicinity, as well as the overall site. He provided more right‐of‐
way detail, and discussion of trail activity in the area. The Design Review Board had some suggestions
for the development.
08:22:48 PM (02:24:16) Questions of Staff
CR Pomeroy asked why they want to annex to the City. She also wanted to know how the City can be
protected if any issues arise in the future concerning proximity.
CR Mehl asked what’s changed since the Commission last reviewed this, so why would the Commission
reevaluate this. He also asked about whether the north side sidewalk would exist, as well as a secondary
access trail. He asked about park requirements when in close proximity to significant parkland. He also
asked if the parks master plan could be incorporated into the larger one, as well as the timeframe for
that.
CR Krauss stated that he does not support annexation or any land use changes.
Mayor Taylor asked about the far east property line and if there’s any separation.
08:39:47 PM (02:41:15) Applicant Presentation
Mike Walsh, of C&H Engineering, discussed the history and the key features of the design, as well as
specifics regarding intentions of development. He also discussed the plans for the parkland on the land.
This would also bring water and sewer directly to the property line of the park. The commercial property
will be smaller than the full lot.
08:44:54 PM (02:46:22) Questions of Applicant
CR Mehl asked if there were any concerns with the staff memo. He also asked about the inconsistency
of sidewalks. He also asked about the VOCs at the site and the applicant’s intention.
08:48:29 PM (02:49:57) Public Comment
Mayor Taylor opened public comment.
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Bozeman City Commission Minutes, September 12, 2016
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08:48:40 PM (02:50:08) Doug Chandler, Public Comment
Doug Chandler of Allied Engineering and the Sunrise Rotary Club discussed that what has changed is the
thoughtfulness of liability in the future for the property. He argued that the City would have more
control of any issues with annexation of the property. The Rotary Club is excited about the development
of the property because of the entryway. They also feel that the parkland behind the alley is a value.
08:51:43 PM (02:53:11) Public Comment
Mayor Taylor closed public comment.
08:51:45 PM (02:53:13) Discussion
CR Mehl discussed the critical nature of meeting with the City’s legal and engineers before moving
forward. He is encouraged by the project however. The development is appropriate for the land.
CR Pomeroy liked the design of the architecture, and the relationship with the Sunrise Rotary. She
reiterated that she wants her city to be protected in the future.
Mayor Taylor stated that he wants to make sure not to create a situation that would be dangerous to
any future residents of the development. He does not want to annex or approve anything until he is very
convinced that there is no danger in the property. He is more concerned about the future residents, not
City liability. He doesn’t want to imply safety with development approval. As far as the plan goes, he
does like it.
CR Mehl added that he likes the styling and density of the proposal. He does want variety of style.
L. 09:00:51 PM (03:02:19) FYI/Discussion
City Manager Kukulski wanted to keep the Commission updated of L&J presentations, and to
note the Hawthorne class share.
CR Krauss expressed his gratitude for allowing him to take some time off.
M. 09:02:16 PM (03:03:44) Adjournment
Mayor Taylor adjourned the meeting at 9:03 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
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Bozeman City Commission Minutes, September 12, 2016
Page 12 of 12
___________________________________
Robin Crough, MPA
City Clerk
PREPARED BY:
___________________________________
Robin Crough, MPA
City Clerk
Approved on: ___________________________________
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Page 1 of 8
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 19TH, 2016
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Present
Mayor ‐ Carson Taylor: Present
Commissioner ‐ Chris Mehl: Present
Commissioner ‐ I‐Ho Pomeroy: Present
Staff present at the Dais: City Manager Chris Kukulski, Assistant City Attorney Tim Cooper, and Deputy
City Clerk Pearl Michalson
A. 06:00:36 PM (00:01:31) 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. 06:00:46 PM (00:01:40) Pledge of Allegiance and a Moment of Silence
C. 06:01:41 PM (00:02:35) Changes to the Agenda
Mayor Taylor asked the city manager if there were changes to the agenda in which the city manager
stated that there were not.
D. 06:01:46 PM (00:02:40) Authorize Absence ‐ Deputy Mayor Andrus
06:01:46 PM (00:02:40) Motion and Vote to authorize the absence of Deputy Mayor Andrus. The motion
passed 4‐0.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
E. 06:02:27 PM (00:03:22) Consent
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Page 2 of 8
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign a Professional Services Agreement with KLJ Engineering
for the Downtown / North 7th Conduit Project (Fine)
3. Authorize the City Manager to Sign Amendment Number 2 to Task Order Number 1 to the
Professional Services Agreement with DOWL for Right‐of‐Way Acquisition Services at Baxter
and Davis (Hixson)
4. Authorize the City Manager to Sign the Temporary Construction and Permanent Slope
Easement and the Payment Agreement Between the City of Bozeman and Bozeman Health
Deaconess Hospital for the Expansion of Bozeman Health Parking Facilities (Overton)
5. Resolution 4729, Approving Alteration/Modification of the Contract with CK May for the
LFG/SVE Treatment System at the Story Mill Landfill (Hixson)
06:02:27 PM (00:03:22) City Manager Chris Kukulski gave a brief overview of consent items 1‐5.
06:04:01 PM (00:04:55) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Public Comment was closed.
06:04:13 PM (00:05:07) Motion and Vote to approve Consent Items 1‐5 as submitted. The motion
passed 4‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
F. 06:04:34 PM (00:05:28) Public Comment
Mayor Taylor opened public comment.
06:05:42 PM (00:06:37) Dr. Patricia Templan, Public Comment
Opposed Olive and black proposed building because it would damage the character of the neighborhood
as well as create parking problems. Without garages and driveways, people have to park on the street.
Bike that came through the area would also be impacted and congestion was discussed. Infrastructure
was also discussed as an issue impacted due to the development.
06:08:12 PM (00:09:06) Steve Titus, Public Comment
Opposed the Olive and Black project and stated that the size would overwhelm and lose the magic of
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the city.
06:08:51 PM (00:09:46) Justin Isla, Public Comment
Opposed the black olive project because despite the zoning codes, the developers would be destroying
what was already there. The design did not take into account the area. Traffic is congested and will get
worse once this project is approved. Existing infrastructure was discussed as an issue as well.
06:12:25 PM (00:13:19) Charlie West, Public Comment
Traffic is a problem and employees are having problems finding parking and felt that more studies and
solutions need to be found to allow people to have parking. Parking needs to be more attractive to bring
people in and allow them to use it.
06:14:36 PM (00:15:30) Public Comment Closed
Mayor Taylor closed public comment.
G. 06:14:42 PM (00:15:36) Action Items
1. 06:14:44 PM (00:15:38) Resolution 4716, Creation of Special Improvement Lighting District
Number 733 for Sacajawea Middle School (Rosenberry)
06:14:45 PM (00:15:40) Staff presentation
Anna Rosenberry, Administrative Services Director, gave a brief presentation on consideration of a
lighting district along the South 3rd Avenue area near Sacajawea Middle School. The assessment method
and annual cost was discussed.
06:16:16 PM (00:17:11) Question of Staff
Mayor Taylor asked if there were questions of staff.
There were no questions of staff.
06:16:24 PM (00:17:18) Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:16:40 PM (00:17:34) Motion to approve Resolution No. 4716, Creation of Special Improvement
Lighting District Number 733 for Sacajawea Middle School.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
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06:16:55 PM (00:17:49) Discussion
CR Mehl asked that the developer for the Sacajawea get back to him about the trail by the school he
would greatly appreciate it but overall was in support of this lighting district.
06:17:29 PM (00:18:23) Vote to approve Resolution No. 4716, Creation of Special Improvement
Lighting District Number 733 for Sacajawea Middle School. The motion passed 4‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
2. 06:17:40 PM (00:18:35) Resolution 4720, Annual Lighting Assessments for Fiscal Year 2017
(Rosenberry)
06:17:42 PM (00:18:37) Staff presentation
Administrative Services Director Anna Rosenberry gave a brief presentation on the process of lighting
assessment districts annually. The schedule of the amount to be charged by district was discussed.
Information concerning individual assessments is available to the public online.
06:19:13 PM (00:20:08) Questions of Staff
Mayor Taylor asked if there were questions of staff.
There were no questions of staff.
06:19:23 PM (00:20:17) Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:19:37 PM (00:20:31) Motion to approve Resolution 4720, Annual Lighting Assessments for Fiscal
Year 2017.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Jeff Krauss: 2nd
06:19:51 PM (00:20:45) Discussion
CR Pomeroy stated that she was in support of the annual lighting assessments.
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06:20:04 PM (00:20:58) Vote to approve Resolution 4720, Annual Lighting Assessments for Fiscal Year
2017. The motion passed 4‐0.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
3. 6:20:18 PM (00:21:12) Resolution 4721, Annual Assessment for the Business Improvement
District (BID) for Fiscal Year 2017 (Rosenberry)
06:20:32 PM (00:21:26) Staff Presentation
Administrative Services Director Anna Rosenberry gave a brief presentation on this resolution that set
the charges for the property owners in the district this fall. The taxable value of properties and property
by property listing was mentioned as being available to the public.
06:21:42 PM (00:22:36) Questions of Staff
Mayor Taylor asked if there were questions of staff.
There were no questions of staff.
06:21:46 PM (00:22:41) Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:22:02 PM (00:22:56) Motion to approve Resolution 4721, Annual Assessment for the Business
Improvement District (BID) for the Fiscal Year 2017.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
06:22:09 PM (00:23:04) Discussion
Mayor Taylor asked if there was any discussion.
There was no discussion.
06:22:17 PM (00:23:12) Vote to approve Resolution 4721, Annual Assessment for the Business
Improvement District (BID) for the Fiscal Year 2017. The motion passed 4‐0.
Commissioner ‐ Jeff Krauss: Motion
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Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
4. 06:22:35 PM (00:23:29) Resolution 4722, Annual Assessment for the Tourism Business
Improvement District (TBID) for Fiscal Year 2017 (Rosenberry)
06:22:53 PM (00:23:47) Staff presentation
Administrative Services Director Anna Rosenberry gave a brief presentation on the Annual Assessment
for the Tourism Business Improvement District (TBID) for Fiscal Year 2017.
06:24:27 PM (00:25:21) Questions of Staff
Mayor Taylor asked if there were questions of staff.
There were no questions of staff.
06:24:32 PM (00:25:26) Public Comment
Mayor Taylor opened public comment
There was no public comment
Public Comment was closed.
06:24:40 PM (00:25:34) Motion to approve Resolution 4722, Annual Assessment for the Tourism
Business Improvement District (TBID) for the Fiscal Year 2017.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
06:25:00 PM (00:25:55) Discussion
CR Krauss stated that this was almost a million dollars, used to promote tourism in Bozeman including
on bidding on conventions.
Mayor Taylor stated that this was almost 500k big number.
06:26:28 PM (00:27:22) Vote to approve Resolution 4722, Annual Assessment for the Tourism Business
Improvement District (TBID) for the Fiscal Year 2017. The motion passed 4‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
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Commissioner ‐ Chris Mehl: Approve
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ I‐Ho Pomeroy: Approve
5. 06:26:42 PM (00:27:37) (Re)appointments to the Audit Committee (Michalson)
Mayor Taylor stated that he would like to reappoint applicant Joseph Huber to the Audit Committee with
an updated term of March 1, 2018 and new applicant Peter Ohman to the Audit Committee with an
Updated Term of March 1, 2017.
Cr. Mehl 2nd the Mayor’s motion.
06:27:30 PM (00:28:24) Motion and Vote to appoint Joseph Huber and Peter Ohman to the Audit
Committee with updated terms of March 1, 2017 and 2018 respectively. The motion passed 4‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Absent
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
H. 06:28:04 PM (00:28:58) FYI/Discussion
There will be a public meeting at the library at 6:30 PM for education on the proposed Law
and Justice Center on September 20th, and at Grace Bible Church on Thursday, September
22nd at 6 PM.
A proposal for a lobbyist to represent the City of Bozeman has gone out.
I. 06:28:58 PM (00:29:53) Adjournment
Mayor Taylor Adjourned the meeting at 06:29 PM.
___________________________________
Carson Taylor
Mayor
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ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
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Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 26th, 2016
Deputy Mayor ‐ Cynthia Andrus: Present
Commissioner ‐ Jeff Krauss: Present
Mayor ‐ Carson Taylor: Present
Commissioner ‐ Chris Mehl: Present
Commissioner ‐ I‐Ho Pomeroy: Present
Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin
Crough
A. 05:59:42 PM (00:01:26) 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. 05:59:49 PM (00:01:33) Pledge of Allegiance and a Moment of Silence
C. 06:00:48 PM (00:02:32) Changes to the Agenda
06:01:07 PM (00:02:51) Disclosures
CR Krauss will be leaving at 7:45 PM and returning at 8:30 PM due to a prior commitment.
DM Andrus is using her iPad for her packet and notes, not for external communication.
D. 06:02:48 PM (00:04:32) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Appoint Administrative Services Director Anna Rosenberry to the Montana Municipal
Interlocal Authority (MMIA) Board of Directors to Serve a Term of Two Years, Effective
September 26, 2016 (Kukulski)
3. Ratification of the Adopted Northeast Urban Renewal District Board Bylaws (Fontenot)
4. Authorize the City Manager to Sign a License Agreement with MT Larkspur LLLP for Park
Improvements in Oak Meadows Subdivision Park 1 (Poissant)
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5. Authorize the City Manager to Sign a Contract Agreement with Reporting Services Inc. for Fire
Department Records Management (Waldo)
6. Authorize the City Manager to Sign Amendment Number 8 to the Professional Services
Agreement with HDR Engineering Inc. for the 2006 Water Reclamation Facility (WRF) Upgrade
(Murray)
06:03:04 PM (00:04:48) City Manager Overview
City Manager Kukulski gave an overview of Consent Items 1‐6. He clarified that on Consent Item 4, the
City is extending the license agreement to July 1, 2017.
06:05:10 PM (00:06:54) Public Comment
Mayor Taylor opened public comment on Consent Items 1‐6.
There was no public comment.
Mayor Taylor closed public comment.
06:05:22 PM (00:07:06) Motion and Vote to approve Consent Items 1‐6 as submitted, modifying Item 4
to read “Authorize the City Manager to sign a license agreement with MT Larkspur LLLP for park
improvements in Oak Meadows Subdivision Park 1, extending the completion date to July 1, 2017. The
motion passed 5‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
E. 06:06:08 PM (00:07:52) Public Comment
06:06:59 PM (00:08:43) Lisa Kirk, Public Comment
Bogert Park Neighborhood Association Secretary Lisa Kirk discussed the character of her neighborhood,
as well as parking issues in her neighborhood. She noted the good intent of increased growth and
density, but that her neighborhood bears the brunt, specifically via the Black Olive project. Issues
include the height, density, and parking, which all risk overcrowding.
06:11:47 PM (00:13:31) Arturo Barrett, Public Comment
Mr. Barrett stated that he is looking for a reasonable development at the Black Olive site, and questions
the amount of parking allocated. He referenced Bozeman Municipal Code and relevant properties in the
area.
06:16:14 PM (00:17:58) Public Comment
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Mayor Taylor closed public comment.
F. 06:16:16 PM (00:18:00) Action Items
1. 06:16:24 PM (00:18:08) Maintenance of Buildings and Demolition of Historic Structures Text
Amendment, Creating and Clarifying Obligations of Property Owners to Maintain Their
Property, Application 14623 (Saunders)
06:16:52 PM (00:18:36) Staff Presentation
Interim Community Development Director Chris Saunders entered his presentation into the record. Two
items will be discussed – maintenance and demolition. Mr. Saunders provided a history of the issue as
well as the ongoing UDC process. He discussed public comment from the state as well as another
member of the public who requested more time. Mr. Saunders requested that the Commission provide
feedback this evening, and instead of approving or disapproving, continue the item to November 7,
2016. Mr. Saunders discussed challenges and reasons for policy change. The three primary proposed
changes are establishing a basic maintenance requirement city‐wide, establishing a specific definition of
historic structure, and revise the process for demolition of buildings. Mr. Saunders further discussed a
number of specific, unresolved issues. He noted the criteria for evaluation as this is a zone text
amendment. The Planning Board/Zoning Commission recommended approval, as did the Historic
Preservation Advisory Board. He further discussed alternate motion 2, which is what staff recommends.
06:35:19 PM (00:37:03) Questions of Staff
Mayor Taylor asked about alternate motion 2, and which one the Historic Preservation Board
recommends.
CR Mehl asked for clarification about alternate motion 2.
CR Krauss asked if it was NCOD AND historic districts, and how historic properties are determined, and
specifically, can a person not associated with the property request such? He asked if the Commission
should have a determining role in the process, and would that make it harder to designate historic to
prevent demolition last minute, and the City’s authority and discretion in general. He asked about a
number of previous examples in Bozeman’s history.
CR Pomeroy asked who decides to demolish historic buildings. She also asked why non‐historic structure
demolition requires approval from City staff. She asked for further clarification about the safety issue
and empty lots.
DM Andrus asked about the unsafe criteria vs. the other criteria, as well as the criteria for significance.
She also asked if non‐historic is the same as non‐contributing, and district specifics. She also asked who
makes the decision of safe vs. unsafe. She also asked more about the process for oversight.
CR Krauss followed up that the City could put safeguards into our processes.
CR Mehl asked if the State’s historic office has a notification process, as well as further questions about
the process. He asked for more information about the two‐year stay, as well as the determination of
economic value. City Attorney Sullivan responded. CR Mehl asked why the City cannot adopt the
International Property Maintenance Code. He asked if the state’s adoption was administrative or
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legislative.
07:22:22 PM (01:24:06) Excuse of Commissioner Krauss
Mayor Taylor excused Commissioner Krauss.
07:22:42 PM (01:24:26) Questions of Staff Continued
Mayor Taylor asked the purpose of the two‐year rule. He asked for further clarification on safety issues.
He also asked for clarification on the significance issue. He asked if there are some jurisdictions that
require some sort of bonding to do x after y to demolish, and how much would that bond need to be.
CR Pomeroy asked about the significance if a person of note has lived there. She asked for further
clarification of historic house vs. historically significant house.
07:35:25 PM (01:37:09) Procedure
Mayor Taylor discussed the procedure for the meeting, including changing the order of the agenda, to
account for planned excuses of Commissioners.
07:36:13 PM (01:37:57) Public Comment
Mayor Taylor opened public comment on Action Item 1.
07:36:25 PM (01:38:09) David Chambers, Public Comment
North East Neighborhood Association President David Chambers discussed the effect of historic
buildings in a neighborhood. Mr. Chambers thanked the staff, but thinks the recommendation is specific
to individual units. He asked for financial surety for demolitions. He acknowledged the challenge in
defining historic structures, as long as it’s not arbitrary.
07:40:07 PM (01:41:51) Suspend Action Item 1
Mayor Taylor suspended further discussion on Action Item 1.
08:48:26 PM (02:45:01) Return to Action Item 1
Mayor Taylor reopened the public hearing on Action Item 1. Interim Director Saunders requested the
Commission’s input on the two alternatives presented earlier in the evening.
08:49:29 PM (02:46:04) Questions of Staff Continued
DM Andrus asked how effective the 2 year stay has been in not demoing buildings. She also asked what
the major impacts of these revisions on the community would be.
08:53:20 PM (02:49:55) Discussion
CR Mehl requested that a public hearing on historic designations would be appropriate. Second, he
favors what the Planning Board did with non‐historic buildings in the NCOD. Third, 2 years is extensive, 1
year seems more appropriate with an optional additional year. He’d be interested in a legislative record
in order to interpret the economic impact. He does not see the need to extend historic to outside the
NCOD. He is fine with alternatives proposed by staff.
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08:56:48 PM (02:53:23) Commissioner Mehl Excused
Mayor Taylor excused Commissioner Mehl due to illness.
08:56:52 PM (02:53:27) Discussion Continued
CR Krauss stated his response to issue 1 is no. In regards to the 2 year stay, the City should be able to lift
the stay. There needs to be a clear record that the property is historic. Mr. Saunders requested further
clarity between the historic building vs. safety issue.
DM Andrus asked is Alternate 1 presented by staff was the motion approved by the Planning Board. She
stated her answer was also no. In regards to the 2 year stay, 2 years is good, and 1 is not long enough.
She stated she would be interested in looking at properties outside the NCOD.
CR Pomeroy asked whether or not they need a permit within the NCOD. She does not think they need a
permit.
Mayor Taylor stated that on the issue of buildings becoming historic, he agrees that there should some
notice, some action by the City, there needs to be some action by the owner to proceed. His tendency is
to think if it’s not historic, let it go. He thinks that 2 years is a good rule, but the Commission should have
the flexibility to decide if there should be less time. The definition of economic impact is fine with him.
He would like to look more closely at the bond issue and “significant structures” particularly when it
comes to commercial buildings. He would like an incentive to ensure the next step for demolition of
historic structures or in an established historic district.
CR Pomeroy likes the idea of regulations to prevent unsafe structures.
DM Andrus requested that this come back to us after we hire a Historic Preservation Officer.
Mayor Taylor agreed with DM Andrus.
Interim Director Saunders stated that the previous Historic Preservation Officer was heavily involved.
09:17:47 PM (03:14:22) Close Public Hearing
Mayor Taylor closed Action Item 1.
2. 07:40:18 PM (01:42:02) Mitigation to Recreation Impacts Text Amendment, Revising the
Standards for How to Calculate and Apply Required Mitigation for Impacts on the Recreation
System in Conjunction with Land Development, Application 14581 (Saunders)
07:40:51 PM (01:42:35) Staff Presentation
Interim Community Development Director Chris Saunders introduced the staff report into the record.
Mr. Saunders discussed revisions to parkland requirements, Bozeman’s recent growth. He discussed the
primary proposed changes: 1. Mitigation required by demand, not process, 2. City managed land
valuations and simpler CIL process, and 3. Authorize improvements to be constructed in parks. He
discussed the mitigation trigger process, the maximum disparity example, and used the Four Points
Minor Subdivision example. He further explained the land valuations and CIL process change, as well as
enhancements to the Improvement In‐Lieu structure. He discussed the criteria for evaluation, the
Planning Board/Zoning Commission’s recommended approval.
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07:51:41 PM (01:53:25) Questions of Staff
CR Mehl asked about the CIL for parks that don’t have master plans. He also asked about the CIL
threshold and policy. He asked if CIL could be discussed earlier in the process to aid developers. He also
asked for more clarity on his authority in the process and timeline. City Attorney Sullivan clarified
options.
DM Andrus asked if the proposed language got adopted, would there things that went to the Planning
Board or Zoning Commission that wouldn’t go to the Commission. She asked if there was the
opportunity for art instead of equipment. Parks and Recreation Director Mitch Overton responded in
detail.
CR Pomeroy asked if the City was meeting the demand of the community. She asked if passing this item
helps the City meet the demand.
Mayor Taylor asked if it would be feasible to create a list of improvements around the City, so we could
move forward when we came to that point.
CR Mehl asked about the geography of the nexus for CIL.
08:08:31 PM (02:10:15) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:08:41 PM (02:10:25) Motion that 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 14581 and move to approve the text amendment and direct staff to integrate these
provisions as part of the update to the Unified Development Code.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Chris Mehl: 2nd
08:09:18 PM (02:11:02) Discussion
CR Pomeroy stated that the City is growing, and we need balance to meet the demand, so she supports
the motion.
CR Mehl stated that there is more good in this than bad. He would like to hear from staff before
enactment.
DM Andrus agrees with Commissioner Mehl in a cap, and would like to see the ordinance. She also
supports the idea of public art in the parks.
Mayor Taylor is wary of seeing the ordinance without enough notice for input, as he would like to see
the list on a future calendar.
08:13:03 PM (02:14:47) Commissioner Krauss Returns to Attendance
08:13:37 PM (02:15:21) Vote that reviewed and considered the application materials, public comment,
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and all the information presented, I hereby adopt the findings presented in the staff report for
application 14581 and move to approve the text amendment and direct staff to integrate these
provisions as part of the update to the Unified Development Code. The motion passed 4‐0.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Absent
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
Commissioner Krauss not in attendance for public comment or discussion – did not participate in vote.
08:14:08 PM (02:15:52) Break
Mayor Taylor called a 5 minute break.
08:25:09 PM (02:21:44) Called to Order
Mayor Taylor called the meeting back to order at 8:21 PM.
3. 08:25:17 PM (02:21:52) Consider Setting a Public Hearing to Determine the Possible Sale of
the Montana Department of Transportation (MDT) / Rouse Property (Kukulski)
08:25:47 PM (02:22:22) Staff Presentation
City Manager Kukulski discussed the initial land purchase in 2014. He asked the Commission if they
wanted to pursue selling the parcel in light of the upcoming joint Law & Justice Center project bond
going to election in November.
08:28:21 PM (02:24:56) Questions of Staff
CR Pomeroy asked about the appraisal in 2013, she asked if the property was appraised again. She
asked if the $1 million appraisal may actual be a lower value at this point in time.
Mayor Taylor asked what the Commission’s action should be tonight. He asked if a need hearing could
be contingent on the outcome of the election.
DM Andrus asked if the Commission needs to schedule the hearing before the election.
08:33:48 PM (02:30:23) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:34:01 PM (02:30:36) Motion to schedule a public hearing for the potential sale of the MDT/Rouse
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Property.
Commissioner ‐ Chris Mehl: Motion
Deputy Mayor ‐ Cynthia Andrus: 2nd
08:34:12 PM (02:30:47) Discussion
CR Mehl stated that there are a number of good reasons to consider this. There are many opportunities
for use.
DM Andrus agreed with CR Mehl. This merits a conversation, and before the election.
CR Krauss supports the motion. He would love to see a commercial presence on the property. This can
be put to use for tax value, sale revenue, but more permanent economic development.
CR Pomeroy also supports the motion, and agrees with all previous comments.
Mayor Taylor appreciated the inquiries from the community about the Rouse property. He discussed an
RFP process to line out some future commitment of the property. Paying down the levy will be helpful.
08:41:33 PM (02:38:08) Vote to schedule a public hearing for the potential sale of the MDT/Rouse
Property. The motion passed 5‐0.
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: Approve
08:41:50 PM (02:38:25) Point of Order
CR Pomeroy noted that Action Item 1 is a lot to process. Mayor Taylor stated that procedure will address
appointments, then return to item 1.
4. 08:43:03 PM (02:39:38) Appointment to the Trails, Open Space and Parks (TOP) Committee
(Michalson)
08:43:09 PM (02:39:44) Motion to appoint Ron Brey to the Trails, Open Space and Parks Committee
position with an expired term of April 15, 2017.
Deputy Mayor ‐ Cynthia Andrus: Motion
Commissioner ‐ Jeff Krauss: 2nd
08:43:24 PM (02:39:59) Discussion
There was no discussion.
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08:43:29 PM (02:40:04) Vote to appoint Ron Brey to the Trails, Open Space and Parks Committee
position with an expired term of April 15, 2017. The motion passed 5‐0.
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: Approve
5. 08:43:53 PM (02:40:28) (Re) Appointments to the Bozeman Historic Preservation Advisory
Board (Michalson)
08:44:02 PM (02:40:37) Motion to appoint Merri Ketterer as a reappointed professional (expiring June
30, 2018), Hans Figi as an owner of a property in a historic district (expiring June 30, 2017), and
Michael Wallner and Cassidy Cooke and Rebekah Schields (expiring June 30, 2018).
Deputy Mayor ‐ Cynthia Andrus: Motion
Commissioner ‐ Chris Mehl: 2nd
08:44:33 PM (02:41:08) Disclosure
CR Krauss has a personal conflict and asked to be excused from voting.
08:45:15 PM (02:41:50) Discussion
DM Andrus has been in touch with applicants.
08:45:44 PM (02:42:19) Vote to appoint Merri Ketterer as a reappointed professional (expiring June 30,
2018), Hans Figi as an owner of a property in a historic district (expiring June 30, 2017), and Michael
Wallner and Cassidy Cook and Rebekah Schields (expiring June 30, 2018). The motion passed 4‐0, with
one abstention.
Deputy Mayor ‐ Cynthia Andrus: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Abstain
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
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6. 08:46:08 PM (02:42:43) (Re) Appointments to the Design Review Board (Michalson)
08:46:19 PM (02:42:54) Motion to reappoint Lessa Racow to the Landscape Architect position with the
DRB (expiring June 30, 2018), and to appoint Brady Ernst to the one‐term position for Architect on the
DRB with a term expiring June 30, 2018, Peter Constanti to the Architect position with the term ending
June 30, 2017, and Kiersten Iwai to the non‐professional position with the term ending June 30, 2018.
Deputy Mayor ‐ Cynthia Andrus: Motion
Commissioner ‐ Chris Mehl: 2nd
08:47:01 PM (02:43:36) Discussion
DM Andrus has been in contact with all the applicants, and they are very willing and excited to sit on the
DRB.
08:47:15 PM (02:43:50) Vote to reappoint Lessa Racow to the Landscape Architect position with the
DRB (expiring June 30, 2018), and to appoint Brady Ernst to the one‐term position for Architect on the
DRB with a term expiring June 30, 2018, Peter Constanti to the Architect position with the term ending
June 30, 2017, and Kiersten Iwai to the non‐professional position with the term ending June 30, 2018.
The motion passed 5‐0.
Deputy Mayor ‐ Cynthia Andrus: 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: Approve
7. 08:47:36 PM (02:44:11) Reappointment to the Gallatin Local Water Quality District Board
(Michalson)
08:47:39 PM (02:44:14) Motion to reappoint Doug Chandler the Gallatin Local Water Quality District
Board with and updated term of September 30, 2019.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
08:47:58 PM (02:44:33) Discussion
CR Krauss stated Mr. Chandler has been a good representative for the City.
08:48:10 PM (02:44:45) Vote to reappoint Doug Chandler the Gallatin Local Water Quality District
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Bozeman City Commission Minutes, September 26, 2016
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Board with and updated term of September 30, 2019. The motion passed 5‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
G. 09:17:50 PM (03:14:25) FYI/Discussion
Interim Director Saunders stated that they signed the final site plan for the Lark Hotel
expansion.
Mayor Taylor welcomed back all five Commissioners.
City Manager Kukulski noted that the tail end of next week will be the annual MLCT conference.
H. 09:19:14 PM (03:15:49) Adjournment
Mayor Taylor adjourned the meeting at 9:15 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough, MPA
City Clerk
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Bozeman City Commission Minutes, September 26, 2016
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PREPARED BY:
___________________________________
Robin Crough, MPA
City Clerk
Approved on: ___________________________________
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