HomeMy WebLinkAbout02-13-17 CC Mtg - MinutesCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk
Anna Rosenberry, Assistant City Manager
SUBJECT: Approve the Regular Meeting Minutes from January 9, January 23,
and January 30, 2017, the Executive Session Minutes from August
15, 2016 and December 19, 2016, and User Access to Linked
Minutes.
MEETING DATE: February 13, 2017
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 January 9, 2017 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 January 23, 2017 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 January 30, 2017 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 and Executive
Session minutes as submitted.
SUGGESTED MOTION: I move to approve the combined City Commission Minutes from
January 9, January 23, and January 30, 2017, and Executive Session Minutes from August 15,
2016 and December 19, 2016 as submitted.
BACKGROUND: The August 15, 2016 and December 19, 2016 Executive Session Minutes were
circulated for review at a prior City Commission meeting.
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
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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 February 6, 2017
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Page 1 of 15
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 9, 2017
AGENDA ORDER MODIFIED DURING MEETING. NUMBERED AND LETTERED BULLETS REMAIN AS
ORIGINALLY NOTICED.
Deputy Mayor ‐ Cynthia Andrus: Present
Commissioner ‐ Jeff Krauss: Present
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Present
Commissioner ‐ I‐Ho Pomeroy: Absent
Staff present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, and Deputy City Clerk
Pearl Michalson
A. 05:00:03 PM (00:01:02) Call to Order – EARLY START TIME ‐ 5:00 PM ‐ Commission Room, City Hall,
121 North Rouse
Deputy Mayor Andrus called the meeting to order at 5:00PM.
D. 05:00:24 PM (00:01:22) Authorize Absence ‐ Commissioner Pomeroy
05:00:36 PM (00:01:35) Motion and Vote to authorize the absence of Commissioner I‐Ho Pomeroy and
Mayor Taylor. The motion passed 3‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
E. 05:00:51 PM (00:01:49) Executive Session
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Page 2 of 15
1. 05:01:08 PM (00:02:06) Litigation Strategy ‐ City of Bozeman v. Peterson
05:01:08 PM (00:02:06) Commission Meeting Closed for Litigation
Deputy Mayor Andrus closed to the public this portion of the meeting pursuant to Sect. 2‐3‐203(3),
MCA, finding that discussion would have a detrimental effect on the litigation position of the City.
A separate set of minutes have been prepared for the Executive Session.
05:45:38 PM (00:46:36) Commission Recess
Deputy Mayor Andrus closed the Executive Session and called for a recess until 6:00 PM.
06:00:04 PM (01:01:02) Commission Back in Session
Deputy Mayor Andrus called the Commission meeting back in session at 6:00 PM.
B. 06:00:13 PM (01:01:11) Pledge of Allegiance and a Moment of Silence
C. 06:01:02 PM (01:02:01) Changes to the Agenda
Deputy Mayor Andrus asked City Manager Chris Kukulski if there were changes to the agenda to
which he stated that there were not.
F. 06:01:13 PM (01:02:11) Public Service Announcements
1. No City Commission meeting on January 16, 2017 and Closure of City Offices
G. 06:01:49 PM (01:02:48) Minutes
1. 06:01:56 PM (01:02:54) Approve the Regular Meeting Minutes from December 5, December
12, and December 19, 2016, and User Access to Linked Minutes
06:02:07 PM (01:03:06) Motion and Vote to approve the regular meeting minutes from December 5,
December 12, and December 19, 2016, and user access to linked minutes. The motion passed 3‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
H. 06:02:10 PM (01:03:08) Consent
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Page 3 of 15
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approval of the Beer and Wine Renewal for Bozeman Taproom and Fill Station for Calendar
Year 2017 (Pitcher)
3. Authorize the City Manager to Sign a Professional Services Agreement with Gradient Systems
for Utility and Resource Tracking Software (Meyer)
4. Authorize the City Manager to Sign a Professional Services Agreement with RESPEC for
Wetland Consulting Services for 2017 (Krueger)
5. Authorize the City Manager to Sign a Professional Services Agreement with TerraQuatic for
Wetland Consulting Services for 2017 (Krueger)
6. Authorize the City Manager to Sign a Professional Services Agreement with TREC, Inc. for the
Design and Engineering of a Removable Bulkhead for the Swim Center (Hill)
7. Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement
with Sanderson Stewart for the 2016 Capital Improvements Survey (Gamradt)
8. Authorize the City Manager to Sign Amendment 6 to the Professional Services Agreement
with Morrison‐Maierle, Inc. for the Capital Improvement Projects Field Survey (Murray)
9. Authorize the City Manager to Sign the Memorandum of Agreement, Public Use Easement,
Waiver Valuation, Escrow Instructions, Buyer's Instructions, and Closing Statement for the
Right‐of‐Way Purchase for Construction of Improvements to Baxter Lane, Parcel 13 (Hixson)
10. Authorize the Mayor to Sign the Findings of Fact and Order for the Yellowstone Theological
Institute Minor Subdivision Preliminary Plat, Application 15574 (Quasi‐Judicial) (Krueger)
11. Resolution 4751, Purchase of Real Property for Construction of Improvements to Oak Street
and Fowler Lane (Woolard)
12. Resolution 4754, Approving the Guaranteed Maximum Price Amendment Number 1 to the
Contract with Dick Anderson Construction, Inc. for the Irrigation Pipeline Relocation at the
Bozeman Sports Park (Poissant)
13. Resolution 4763, Authorizing Change Order Number 1 with DLM Contracting, Inc. for the
South University Area Sewer Main Interceptor Project (Murray)
14. Ordinance 1967 Final Adoption, the Billion Auto Plaza Zone Map Amendment Rezoning an
Existing 21.11 Acre Subdivision Generally Located at 270 Auto Plaza Drive from BP (Business
Park District) to B‐2 (Community Business District) (Owens)
06:02:19 PM (01:03:17) City Attorney, Greg Sullivan gave an overview of item number 2 on the consent
agenda which was a part of the original renewals that should have happened this past December. This
was the same application that you would see at the end of every year. Under city code there are two
permits, conditional use and the city chapter 4 of the municipal code. This was a renewal of the license of
their existing conditional use permit. This permit is not the same as the license that the Taproom asked
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for in regards to the Commission approval of the beer and wine to full beverage. This permit is completely
independent from that request last month.
06:04:43 PM (01:05:41) City Manager Chris Kukulski gave an overview of consent items 1‐14.
06:08:29 PM (01:09:28) Public Comment
Deputy Mayor Andrus opened public comment on consent.
06:08:29 PM (01:09:28) Evan Center, Public Comment
Evan stated that this oversight of the TapRoom Beer and Wine license would allow the commission to
consider the impact of a beer and wine license from a health standpoint when it comes to the affect that
it would have on children and their life later on. A suggestion of asking the TapRoom to cover their patio
during school hours.
06:11:30 PM (01:12:29) Public Comment Closed
Deputy Mayor Andrus closed public comment.
06:11:40 PM (01:12:39) Motion and Vote to approve Consent Items 1‐14 as submitted. The motion
passed 3‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
I. 06:12:12 PM (01:13:11) Public Comment
Deputy Mayor Andrus opened general public comment.
06:12:56 PM (01:13:54) Ella Shire, Public Comment
Stated that last week last week Bozeman was shaken by another domestic violence homicide and asked
that the city take note of this pattern that is making itself known in our community. This pattern that is
making itself known in our community. This pattern of violence and inequality goes against the values that
we hold as Bozeman citizens. We ask the city to take a stand against domestic violence and work with us
in the future to figure out how the community can prevent future tragedies like this from occurring.
06:14:39 PM (01:15:37) Debra Watson, Public Comment
Stated that the golden gate subdivision developer has not shoveled any the sidewalks or any of the area
that is surrounded by snow even after being notified of the issue. Photos of the area was brought to show
that there had not been any snow shoveled in that area. Ms. Shire commended the city for citing those
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Bozeman City Commission DRAFT MINUTES, January 9, 2017
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who do not shovel their walks but would like the city to take issues like this into consideration before they
approve a development in the future.
06:18:01 PM (01:18:59) Scott McKhann, Public Comment
Scott from California stated that he was concerned with the impacts that go along with this property,
traffic, sewer issues from Kagy and 11th and Kagy and 7th as well as right away issues. There are a lot of
infrastructure issues and asked the commission to consider economic issues and what would it do to the
properties around it. They are opposed to this as is.
06:20:13 PM (01:21:12) Closed Public Comment
Deputy Mayor Andrus closed public comment.
J. 06:20:22 PM (01:21:20) Action Items
1. 06:20:37 PM (01:21:35) Resolution 4744, Creation of Special Improvement Lighting District
Number 737 for Westbrook Subdivision Phase 2, 3 and 4 (Rosenberry)
06:20:50 PM (01:21:48) Staff Presentation
Administrative Services Director Anna Rosenberry gave an overview of the creation of the special
improvement lighting district in the vicinity east of Laurel parkway, South of Annie and North of
Durston. The district would have 10 LED Street lights mounted at 25 feet. There are 62 lots, average
residential lot size is right under 8 thousand square feet. The estimated annual assessment would be
under $4.00 a year.
06:23:16 PM (01:24:14) Questions for Staff
There were no questions for staff.
06:23:23 PM (01:24:21) Public Comment
Deputy Mayor Andrus opened public comment.
There was no public comment.
Public Comment was closed.
06:23:35 PM (01:24:34) Motion to approve Resolution 4744, Creation of Special Improvement
Lighting District Number 737 for Westbrook Subdivision Phase 2, 3 and 4.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
06:24:02 PM (01:25:00) Discussion
There was no discussion.
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Bozeman City Commission DRAFT MINUTES, January 9, 2017
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06:24:02 PM (01:25:00) Vote to approve Resolution 4744, Creation of Special Improvement
Lighting District Number 737 for Westbrook Subdivision Phase 2, 3 and 4. The motion passed 3‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
2. 06:24:07 PM (01:25:05) The Opportunity Sub‐Division Preliminary Plat Application For A
Major Subdivision to Subdivide 20.31 Acres into Six Lots, Located at 2525 North 19th Avenue,
Application 16235 (Quasi‐Judicial) (Rice)
06:24:17 PM (01:25:15) Staff presentation
Mayana Rice, Associate Planner entered her staff report on the record with findings and
recommendations. The verified lot size and gave an overview of the final plat application for a major
subdivision to subdivide 20.31 acres into six lots. History of the site was discussed. This is a five year period
phase. The steps that this plan takes prior to approval were discussed. Approvals for when waivers were
granted as well as not granted were discussed. Conditions and Code Requirements were discussed. Public
Comment, Recommendations, and Suggested Motion Language were discussed.
06:32:19 PM (01:33:18) Questions of Staff
There were no questions for staff.
06:32:25 PM (01:33:23) Applicant Presentation
Chris Budeski, consultant with Madison Engineering as a representative of the applicant‐ Bozeman 6 LLC
gave a brief presentation of the loss of the right of way for the roads and the development of the land.
Wetlands was a big part of this project but were not impacted as much. Impacts for the stream crossings
have a 50 foot setback. The 10 foot wide asphalt trail that runs along 19th has been extended all the way
up towards Cattail Street. Conditions 1‐19 were reviewed and agreed upon for this property.
06:36:27 PM (01:37:25) Questions for Applicant
CR Mehl asked the applicant if he agreed with staff and the staff report to which he responded that he
did.
06:37:00 PM (01:37:58) Public Comment
Deputy Mayor opened public comment.
06:37:21 PM (01:38:19) Clarification
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CR Krauss asked staff if there was a condition prohibiting dewatering wells and staff stated that there
was not.
06:37:29 PM (01:38:28) Closed Public Comment
There was no public comment.
Deputy Mayor Andrus closed Public Comment.
06:37:41 PM (01:38:39) 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 16235 and move to approve the Opportunity Sub‐Division Major Subdivision with
conditions and subject to all applicable code provisions.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
06:38:01 PM (01:38:59) Discussion
CR Krauss stated that this had been a large piece of ground inside the city and we’ve grown significantly
and its time that we went to work so he supported this application.
CR Mehl supported this as well and was in support of the staff analysis, in terms of the appropriate
conditions and discussion.
DM Andrus also supported this application and appreciated that we were doing something with this piece
of ground and looks forwards to seeing it finished.
06:38:33 PM (01:39:32) 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 16235 and move to approve the Opportunity Sub‐Division Major Subdivision with
conditions and subject to all applicable code provisions. The motion passed 3‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
3. 06:38:55 PM (01:39:53) Continuation of the Public Hearing on Application 16469 for the
South University District Phase 2 Minor Subdivision Preliminary Plat from January 9, 2017 to
January 23, 2017 (Quasi‐Judicial) (Rice)
06:39:06 PM (01:40:05) Staff presentation
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Mayana Rice, Associate planner asked the commission to continue this public hearing at the request of
the applicant. DRC reviewed it and found two items that needed to be completed by the applicant and
asked that this be continued until the 23rd of January.
06:40:20 PM (01:41:19) Questions for Staff
CR Mehl asked if staff got the public comment given tonight. Staff acknowledged the public comment
from Mr. Scott McKhann that was given today.
CR Krauss asked for clarification in the background specifically about the priority planning and financial
agenda items preempt the public hearing of this proposed subdivision. Staff responded that there were
two items related to an off‐site street easement as well as a plat correction that have not been in. Staff
was trying to reference that the agenda was full tonight for the financial pieces of the agenda. The
postponement was requested specifically by the applicant once it was deemed by staff that they did not
have the two items that needed to complete their application.
06:41:53 PM (01:42:51) Public Comment
Deputy Mayor Andrus opened public comment.
There was no public comment.
Public Comment was closed.
06:41:57 PM (01:42:55) Motion to continue the public hearing on Application 16469 for the South
University District Phase 2 Minor Subdivision Preliminary Plat from January 9, 2017 to January 23,
2017.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
06:42:25 PM (01:43:23) Discussion
CR Mehl stated that he felt that there was mutual agreement to kick this for two weeks and he was fine
with it.
06:42:27 PM (01:43:26) Vote to continue the public hearing on Application 16469 for the South
University District Phase 2 Minor Subdivision Preliminary Plat from January 9, 2017 to January 23,
2017. The motion passed 3‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
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4. 06:42:44 PM (01:43:43) Adopt the General Fund Capital Improvement Plan (CIP) for Fiscal
Years 2018‐2022 (Rosenberry)
06:42:53 PM (01:43:52) Staff Presentation
Anna Rosenberry, Administrative Services Director, and Chris Kukulski, City Manager gave a presentation
on the General Fund Capital Improvement Plan. An overview of required scheduled projects and
unscheduled projects in the next five years; breakdown of the capital by division within the next five years
was discussed by dollar value. Capital funding that would go toward sports and parks, aquatics and pool,
a Motorola lease for portable radios, a ten year term intercap loan for Story Mill Community Center
Improvements, Broken Park Pathway, 25th Avenue (Oak to Tschache) along Rose Park, water and
wastewater lines at the Sports Park Complex were discussed. Policy changes, the general fund CIP, the
concept of general fund cash carry over, and revenues was discussed. The law and Justice Center was not
listed in the noted projects for the city.
07:06:14 PM (02:07:12) Questions for Staff
CR Krauss asked about building a new city hall as well as the veteran’s cemetery.
Mitch Overton, Director of Recreation and Parks talked about the Veteran’s cemetery in 2019. Bozeman
creek improvements was asked about. Mike Grey, Facilities Superintendent talked about the Bozeman
Creek and the concerns around the preventing the bridge from falling in. Professional Building upgrade
was discussed as well and Mr. Grey stated that there are antiquated parts that are going out of services.
Electrical code by today’s code we are not up to code. Senior center spending was discussed as well as the
funding for the upkeep of that building which is currently funded out of the facilities departmental budget.
07:16:56 PM (02:17:54) Questions for Staff Continued
CR Krauss asked about where the capital investment money would come from and also about the Story
Mansion fund.
CR Mehl asked why this CIP did not have a strong growth rate. Anna Rosenberry stated that the lack of
growth rate was due to property taxes and a large group of revenues. Questions about the condition of
the Pool at Bogart was discussed with staff.
DM Andrus asked about the energy project at city hall and what has changed that called for movement.
Movement of the Prost plan was asked.
07:25:07 PM (02:26:06) Public Comment
Deputy Mayor Andrus opened public comment
There was no public comment.
Public Comment was closed.
07:25:14 PM (02:26:12) Continued Question/Discussion
CR Mehl suggested that until all 5 commissioners were in attendance that three items be postponed.
CR Krauss felt that this not be adopted with negative numbers in years 2019 and 2020. Story Mansion be
paid out of general fund and not the capital fund.
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DM Andrus asked staff if this being in the negative was something new to which staff stated that this was
something that usually would balance out at the 5th year. Explanations of why this was done was given by
Anna Rosenberry.
CR Krauss stated that this felt like strategic planning by testing financially how feasible this is.
CR Mehl stated that this plan changes every year and would like to have a discussion with all five
commissioners present.
DM Andrus asked this if there was a deadline to adopt this. City Manager, Chris Kukulski stated that by
Charter, this needed to be given to the commission by December 15th but there were no deadlines to
adopt this.
Lain Leoniak discussed items on the CIP. Staff talked about items on the CIP and if they need to be
approved tonight.
07:41:47 PM (02:42:46) Discussion
DM Andrus asked that the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2018‐2022 be
moved to a later date so that all commissioners are available to discuss.
07:42:00 PM (02:42:59) Break
Deputy Mayor Andrus called for a break until 7:55 PM.
07:55:16 PM (02:56:14) Commission Resumed
Deputy Mayor Andrus resumed the commission meeting at 7:55 PM.
5. 07:55:18 PM (02:56:17) Resolution 4728, Adoption of the City of Bozeman Drought
Management Plan (Leoniak)
07:55:29 PM (02:56:27) Staff Presentation
Lain Leoniak, Water Conservation Specialist, gave a presentation on the Drought Management Plan which
was comprised of drought severity indicators, drought response actions, drought response program
measures, and drought response plan enforcement. The impact of not considering was long term drought
planning in the past was discussed. A breakdown of how Bozeman currently manages drought and the
current vulnerability to Bozeman was discussed such as water supplies, growth, and water use patterns.
Severity Indicators and Reservoir storage was hugely important in the monitoring protocol. Ms. Leoniak
talked about the national indicators of drought that were being used today to predict drought as well as
indicator and response stage guidelines. Drought response program measures stages 1‐4 were discussed.
Enforcement via warning letters, fines, and water shutoffs in the event of a drought was discussed as well
as future consideration by the commission.
08:23:39 PM (03:24:37) Questions for Staff
CR Mehl asked about the management plan which said it should be updated every five years and what
the time frames/rates were for the strategic reserve and drought rates.
Ms. Leoniak stated that she would like to consult with the team that they were currently working with
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now. It would take a couple years to get finite numbers and data. Director Craig Woolard stated that a
rate study RFP is currently in the process. Getting a consultant on board and working with them as well as
getting funding set aside was a priority as well as a much needed goal.
CR Mehl asked why the enforcement or hard decisions were not at the forefront of the introduction in
order to give an idea of the full impact of what they are trying to convey to which staff gave an explanation.
08:36:49 PM (03:37:48) Questions Continued
City Attorney, Greg Sullivan provided clarification of the Municode giving power to the public works
director in the event of a drought. An Ordinance will be drafted in the future to provide clearer direction
on the responsibilities of both the commission and the Public Works Director in the event of drought.
CR Mehl asked for clarification on monitoring and declaring droughts. There was also clarification asked
on the ability of the commission to make decisions and the intent of staff.
CR Krauss asked staff which years Bozeman had significant dry periods. Staff stated in 2005, and in 2012.
Questions about implementing a drought plan prior to a drought was asked. The need for a drought plan
driven by our reliance of conservation measures rather than storage was asked. Staff stated that one year
of drought or one season of it would put us in a severe situation because we don’t have the water supply
(adequate storage) available to assist us.
CR Krauss asked how a strategic reserve was different from this scenario. Incremental stages were
discussed.
09:01:30 PM (04:02:28) Questions Continued
DM Andrus asked why this plan was put in place. Staff stated that the reason this was put together was
because this was best practice. If a plan was not adopted prior to the city experiencing a drought, it would
cause the city mitigating impacts from a financial and community standpoint.
DM Andrus asked how the plan was going to be implemented. Staff stated that this would be done with
public relations consultants with general information in non‐drought years via bill stuffers and hosting
seminars. A full court press would happen with media and radio if and when this would become a dire
situation. This concept and plan was presented at the federal level and they wrote a letter of support for
the plan.
09:05:53 PM (04:06:52) Public Comment
Deputy Mayor Andrus opened public comment.
09:05:58 PM (04:06:57) Kerry Straussan, Public Comment
Ms. Straussan, regional manager of the Montana Department of Natural Resources and Conservation
Water Resources Office, applauded the city’s efforts and water supply planning in general. This drought
plan would be leading the way on this an example for other cities to follow. She liked the communication
and education component of the plan and gave her overall support. As drought plan came up a lot as
something that was greatly needed in cities and the state of Montana.
09:07:30 PM (04:08:29) Ada Montegue, Public Comment
Ada is the water planner of the DNRC under the MCA is also for staff the governor’s drought and water
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supply advisory committee. The lieutenant governor asked her to come and answer any questions that
the commission might have. The drought management plan that the city of Bozeman is contemplating
dovetails well with other plans that are already in place in the upper Missouri headwaters. This plan is
also in line with the state water plan.
09:09:14 PM (04:10:13) Public Comment Closed
Deputy Mayor Andrus closed public comment.
09:09:22 PM (04:10:20) Motion to approve Resolution 4728, Adoption of the City of Bozeman Drought
Management Plan.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
09:09:37 PM (04:10:36) Discussion
CR Krauss stated that we need to implement this so that we increase our margin and our ability to be
prepared by adding water storage and water supply. It is good to have an understanding of where we are
and what we face in the future.
CR Mehl stated that we need to do this because waste is expensive and it is more expensive not having
water. I would rather have a plan up front and support this.
CR Mehl made five friendly amendments:
09:12:49 PM (04:13:48) Friendly Amendment 1
A friendly amendment that provides for the Commission to enact a drought.
(The city attorney will look at the plan that the commission adopts and look at the code and make sure
that they work together and it is clear on who has authority to enforce once the commission makes the
drought declaration. It will require an ordinance and will come back to the commission.)
09:13:35 PM (04:14:34) Friendly Amendment 2
That the introduction includes a greater discussion and enforcement.
09:13:41 PM (04:14:40) Friendly Amendment 3
Include the drought rate question in the study that they are doing and include it in the RFP.
09:14:45 PM (04:15:44) Friendly Amendment 4
Remove the last sentence in subsection 3.3 number 4 at the bottom of page 27 as discussed.
09:14:53 PM (04:15:52) Friendly Amendment 5
Addendum to the last sentence of section 6 on page 28 so that it would read “for changes warranted
and so recommend to the city commission as necessary”.
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Bozeman City Commission DRAFT MINUTES, January 9, 2017
Page 13 of 15
DM Andrus stated that she would be supporting the plan because it has been evident for a while that
we have need storage and appreciate the plan and supports the amendments as well as the rates.
09:16:07 PM (04:17:06) Vote to approve Resolution 4728, Adoption of the City of Bozeman Drought
Management Plan. The motion passed 3‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
6. 09:16:35 PM (04:17:34) Legislative Update (Kukulski)
09:16:47 PM (04:17:46) Staff presentation
City Manager Chris Kukulski talked about the gas tax talking points for a bill that would be introduced on
Thursday which talked about the expenses that Bozeman’s allocation would be and estimated revenue
was also discussed. Significant impacts were discussed. Local option authority was discussed.
09:24:02 PM (04:25:00) Questions of Staff
CR Mehl asked about the local option tax.
CR Krauss talked about budgets.
No motion is required. Advertised as Action Item so that Commission may direct staff as necessary.
7. 09:27:01 PM (04:28:00) Appointment to the City‐County Board of Health (Michalson)
09:27:05 PM (04:28:04) Motion to appoint Buck Taylor to the City Appointee position on the City‐County
Board of Health that expired January 1, 2017 with an updated term ending January 1, 2020.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
09:27:17 PM (04:28:16) Discussion
CR Mehl stated that Buck has been with the board for some time and is very much involved with health
issues.
09:27:33 PM (04:28:32) Vote to appoint Buck Taylor to the City Appointee position on the City‐County
Board of Health that expired January 1, 2017 with an updated term ending January 1, 2020. The
motion passed 3‐0.
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Bozeman City Commission DRAFT MINUTES, January 9, 2017
Page 14 of 15
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
8. 09:27:44 PM (04:28:43) Appointment to the Pedestrian and Traffic Safety Committee
(Michalson)
09:27:49 PM (04:28:48) Motion to re‐appoint Amanda Arnold to the City Appointee position on the
Pedestrian and Traffic Safety Committee that expired December 31, 2016 with an updated term
ending December 31, 2019.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
09:27:55 PM (04:28:54) Discussion
There was no discussion.
09:28:00 PM (04:28:59) Vote to re‐appoint Amanda Arnold to the City Appointee position on the
Pedestrian and Traffic Safety Committee that expired December 31, 2016 with an updated term
ending December 31, 2019. The motion passed 3‐0.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Absent
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Absent
9. 09:28:06 PM (04:29:05) Appointments to the Bozeman Midtown Urban Renewal Board
(Michalson)
09:28:09 PM (04:29:08) Discussion
DM Andrus moved this to January 23, 2017 because it is a mayoral appointment and the Mayor will be
present at that time.
CR Krauss asked that new applicant Josh Palmer be added to this memo.
Action Item 9 will be moved to the January 23, 2017 agenda.
K. 09:29:16 PM (04:30:14) FYI/Discussion
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Bozeman City Commission DRAFT MINUTES, January 9, 2017
Page 15 of 15
Craig Woolard gave an overview of the transportation master plan. The proposed schedule
of completion was given from presentation on January 11th through implementation on April
17th.
Strategic plan is in a similar situation need dates from the commission over the next 60 days
that the commission is available to discuss and adopt this in February no later than March.
Please contact the City Clerk.
L. 09:34:46 PM (04:35:45) Adjournment
Deputy Mayor Andrus adjourned this meeting at 09:35 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Pearl Michalson
Deputy City Clerk
Approved on: ___________________________________
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Page 1 of 14
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 23, 2017
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: Assistant City Manager Chuck Winn (first 30 minutes of meeting), City
Manager Chris Kukulski (from approximately 6:30 PM on), City Attorney Greg Sullivan, City Clerk Robin
Crough
A. 06:03:23 PM (00:04:49) Call to Order – 6:00 PM ‐ Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:03 PM.
B. 06:03:31 PM (00:04:57) Pledge of Allegiance and a Moment of Silence
C. 06:04:44 PM (00:06:10) Changes to the Agenda
D. 06:04:50 PM (00:06:16) Public Service Announcements
1. City Commission Meeting Scheduled for January 30, 2017 (Fifth Monday Meeting)
City Clerk Crough notified the public that there will be a City Commission meeting next
Monday, January 30, 2017, despite it being a fifth Monday of the month.
E. 06:05:05 PM (00:06:31) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the Director of Public Works to Sign a Payment Agreement with the Montana
Department of Transportation for Mill and Overlay Costs on South 19th Avenue (Woolard)
3. Authorize the City Manager to Sign a Donor and Partner Recognition Statement with the
Bozeman Sports Parks Foundation for the Bozeman Sports Park (Poissant)
4. Authorize the City Manager to Sign a Notice of Award, Lease Purchase Agreement, and
Amendment 1 with CAT Tractor & Equipment for One New 2016 Snow Blower (Van Delinder)
5. Authorize the City Manager to Sign a Professional Services Agreement with CPS HR Consulting
for Professional Recruitment Services (Jorgenson)
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 2 of 14
6. Authorize the City Manager to Sign a Professional Services Agreement with Tyler Technologies
for Time and Attendance Software (Jorgenson)
7. Authorize the City Manager to Sign a Task Order with Tetra Tech for the Inspection of
Residential Mitigation Systems in Bridger Creek Phase 3 (Hixson)
8. Ratify the City Manager’s Signature on Amendment 1 to the Professional Services Agreement
with Community Development Services of Montana for Consulting Services in the City’s TIF
Districts (Fontenot)
9. Resolution 4768, Authorizing the City Manager to Sign Change Order 4 with CK May
Excavating for the Story Mill Landfill SVE/LFG Project (Hixson)
10. Resolution 4769, Authorizing the City Manager to Sign Change Order 5 with CK May
Excavating for the Story Mill Landfill SVE/LFG Project (Reconciliation of Final Quantities)
(Hixson)
06:05:16 PM (00:06:42) Consent Overview
Assistant City Manager Chuck Winn provided a brief overview of Consent Items 1‐10.
06:08:39 PM (00:10:05) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:08:53 PM (00:10:19) Motion and Vote to approve Consent Items 1‐10 as submitted. The motion
passed 5‐0.
Commissioner ‐ I‐Ho Pomeroy: 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
F. 06:09:13 PM (00:10:39) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
G. 06:10:09 PM (00:11:35) Special Presentations
1. 06:10:32 PM (00:11:58) Introduction of Deputy Fire Chief Mike Maltaverne (Waldo)
Fire Chief Josh Waldo introduced Deputy Fire Chief Mike Maltaverne, and discussed his previous
experience and education. Deputy Chief Maltaverne addressed the Commission and noted he is looking
forward to working with the City.
2. 06:12:35 PM (00:14:01) Presentation of Professional Designations from the Center for Public
Safety Excellence (Waldo)
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 3 of 14
Chief Waldo discussed the members of the Fire Department that received professional designations from
the Center for Public Safety Excellence. These include Battalion Chief Mark Criner, Battalion Chief Jason
Coleman, Captain Chris Dubet, Captain Matt Norby, and Deputy Fire Chief Tricia Wolford.
Mayor Taylor spoke a few words to present the designations to the aforementioned members of the
Bozeman Fire Department.
3. 06:17:38 PM (00:19:04) Federal Emergency Management Agency (FEMA) Consultation
Coordination Officer (CCO) Meeting for Preliminary Flood Insurance Rate Maps (Heaston)
06:18:03 PM (00:19:29) Staff Presentation
City Senior Engineer Brian Heaston introduced the history of the FEMA flood insurance rate map process.
He handed the presentation over to FEMA and DNRC staff.
Tiffany Lyden, with the DNRC, provided an overview and update on the Bozeman Creek and Tributaries
Floodplain Map Project, as well as the next steps. She discussed the studies done in 1974, 1979, and 1985.
Ms. Lyden provided a project schedule, beginning in 2012. She presented the preliminary maps and study.
She noted to the public that the information is online on the City’s website, as well as the next steps.
06:33:35 PM (00:35:01) Questions of Presenter
CR Mehl asked if the DNRC supports 2D mapping. Steve Story, Bureau Chief of DNRC, stated that the
state supports 2D mapping for areas that are appropriate and financially viable.
CR Krauss asked what time tomorrow’s public meeting occurs at.
DM Andrus asked how the City is letting property owners know to contact Mr. Heaston. She also asked
for a clarification on when you should use 2D modeling and when you need more, and whether cost was
a factor in deciding what to use. Steve Story with the DNRC responded in detail. Sean McNab, FEMA
Region 8 representative, also responded in detail.
06:43:40 PM (00:45:06) Presentation Continued
Sean McNab, FEMA Region 8 representative, continued the presentation, and discussed the 2D
methodology and data refinement. He also noted the number of stakeholder meetings already held and
will be held. He provided information on the appeal period and the options Bozeman can pursue.
DM Andrus asked about the guides and standards.
CR Mehl asked when this needs to be decided, and how action can happen before public comment is
closed in the fall.
Mr. McNab further discussed the Letter of Map Revision (LOMR) option.
CR Mehl asked what is the significance of the Letter of Final Determination.
DM Andrus asked about reviews during the process.
CR Krauss asked about timing and flexibility of the project.
H. 07:02:20 PM (01:03:46) Action Items
1. 07:02:27 PM (01:03:53) Resolution 4765, Amending the City’s Annual Budget for Street
Impact Fee Appropriations for the Fiscal Year Ending June 30, 2017 (FY17) (Rosenberry)
07:02:49 PM (01:04:15) Staff Presentation
Assistant City Manager Anna Rosenberry noted that Action Items 1 and 2 are interrelated, and she
discussed the proposed amendment, adding $500,000 of appropriation authority to the Street Impact
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 4 of 14
Fee Fund for FY17.
07:05:30 PM (01:06:56) Questions of Staff
CR Mehl asked Public Works Director Craig Woolard how staff would add this to their workload. He also
asked what the timeframe for the project would be.
CR Pomeroy asked why this is being moved ahead of schedule.
DM Andrus asked why this wasn’t anticipated in last year’s CIP.
CR Krauss asked how this ties into the Graf project to the south.
07:12:57 PM (01:14:23) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:13:14 PM (01:14:40) Motion to adopt Resolution 4765, Amending the City's Annual Budget for
Street Impact Fee Appropriations for the Fiscal Year Ending June 30, 2017.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
07:13:30 PM (01:14:56) Discussion
CR Krauss discussed current problems with Kagy, and this is a step getting ahead of more problems.
CR Mehl also supports the motion.
CR Pomeroy stated that this will improve southside traffic and supports the motion.
07:15:26 PM (01:16:52) Vote to adopt Resolution 4765, Amending the City's Annual Budget for Street
Impact Fee Appropriations for the Fiscal Year Ending June 30, 2017. The motion passed 5‐0.
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: Approve
2. 07:15:45 PM (01:17:11) Authorize the City Manager to Sign a Professional Services Agreement
with Sanderson Stewart for Kagy Boulevard Interim Improvements (Woolard)
07:15:59 PM (01:17:25) Staff Presentation
Public Works Director Craig Woolard noted that this contract is the follow up to the budget amendment.
This will make substantial improvements. Sanderson Stewart is the current firm under contract with
MDT, so it makes sense to go with them.
07:17:11 PM (01:18:37) Questions of Staff
DM Andrus asked if this work will include looking at the pedestrian light at the stadium. Staff responded
in detail.
CR Mehl asked for further explanation on the use (and lack) of urban funds.
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 5 of 14
CR Krauss asked if there is a way to have the pedestrian light synchronize with 11th. Staff discussed in
detail. He also asked if this improvement allows for any additional stacking. Danielle Scharf, with
Sanderson Stewart, discussed the widening project in further detail. She also discussed more options
with the mid‐lot beacon.
CR Mehl asked what the cost of the upgrade would be. He also asked if the design would differ based on
whether the beacon would stay.
Mayor Taylor asked about the number of pedestrians changing based on improvements. He also asked
if we can tell the coach to encourage intersection crossings.
07:33:33 PM (01:34:59) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
07:33:47 PM (01:35:13) Motion to approve the Professional Services Agreement with Sanderson
Stewart for the Kagy Boulevard Interim Improvements Project, and authorize the City Manager to
execute the document on behalf of the City.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
07:34:01 PM (01:35:27) Discussion
CR Krauss stated that the improvements will be significant eastbound, but westbound is different. He
might support the beacon upgrade as well.
CR Mehl supports the motion as well. He doesn’t think the Commission should engineer the crossing
this evening.
DM Andrus supports the motion, but believes the pedestrian light is currently a problem, and would like
to see a better solution.
Mayor Taylor supports the motion, but he doesn’t want to spend money on a temporary basis.
07:40:31 PM (01:41:57) Vote to approve the Professional Services Agreement with Sanderson Stewart
for the Kagy Boulevard Interim Improvements Project, and authorize the City Manager to execute the
document on behalf of the City. The motion passed 5‐0.
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: Approve
07:40:43 PM (01:42:09) Commission Recess
Mayor Taylor called a break until 7:50 PM.
07:52:56 PM (01:54:22) Call Back to Order
Mayor Taylor called the meeting back to order at 7:52 PM.
3. 07:53:05 PM (01:54:31) Resolution 4761, Resolution of Intent to Create Special Improvement
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 6 of 14
District Number 739 for the 2017 Street Reconstruction Project (Gamradt)
07:53:21 PM (01:54:47) Staff Presentation
Staff Engineer Kellen Gamradt discussed the nature of the construction on East Olive and South Church.
He discussed the split funding of the project, and the method of financing Special Improvement Districts,
as well as the timeline of the creation of the district. He discussed details of the protest process.
08:00:44 PM (02:02:10) Questions of Staff
CR Pomeroy asked about the split funding for SIDs, and the 15/85 split.
CR Krauss asked about the last time there was an SID on the street.
CR Mehl asked Assistant City Manager Rosenberry why the City is using 1.5% for the interest rate.
Mayor Taylor asked for further details about the mailing and protest forms.
CR Pomeroy asked if there have been cases in the past where protests have stopped projects. Staff
responded in detail.
08:10:52 PM (02:12:18) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:11:12 PM (02:12:38) Motion to adopt Resolution 4761, Resolution of Intent to Create Special
Improvement District Number 739 for the 2017 Street Reconstruction Project.
Commissioner ‐ Chris Mehl: Motion
Deputy Mayor ‐ Cynthia Andrus: 2nd
08:11:25 PM (02:12:51) Discussion
CR Mehl supports this resolution as repairs are overdue.
DM Andrus wants to preserve public safety by making these improvements.
CR Pomeroy stated it’s good to make these improvements.
Mayor Taylor noted that SIDs are a good way to catch up on repairs.
08:13:02 PM (02:14:28) Vote to adopt Resolution 4761, Resolution of Intent to Create Special
Improvement District Number 739 for the 2017 Street Reconstruction Project. 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
4. 08:13:15 PM (02:14:41) The South University District Phase 2 Minor Subdivision Preliminary
Plat to Subdivide a 108‐Acre Tract of Record, Southeast of the Intersection of South 11th
Avenue and Campus Boulevard, Application 16469 (Quasi‐Judicial) (WerBell)
08:13:39 PM (02:15:05) Staff Presentation
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 7 of 14
Mitch WerBell, Project Planner, noted that this was continued from the January 9, 2017 meeting. He
entered his report into the record and provided further detail of the preliminary plat. He noted that
mitigation would be required with the project. He discussed noticing of the project and one oral public
comment received. DRC recommended conditional approval.
08:21:38 PM (02:23:04) Questions of Staff
CR Krauss asked about the boundaries of the street extensions around the subdivision. He asked further
about proportionality, and whether they’d be eligible for impact fee credits.
CR Mehl asked if Campus Boulevard was selected, would lighting need to be upgraded?
DM Andrus asked if all the water rights issues have been resolved.
CR Pomeroy asked if there will be commercial and residential buildings.
08:28:46 PM (02:30:12) Applicant Presentation
Davis Maxwell, applicant representative of Capstone Collegiate Communities, read and agreed with the
conditions of the staff report. He thanked the City and staff for their work on the project. The developer
develops and manages university housing around the country, and he discussed the demand of
Montana State University, and future plans of the developer.
08:32:58 PM (02:34:24) Questions of Applicant
CR Mehl asked about the comments of the water rights. He asked if they are okay with either road for
construction. Cordehl Pool, with Stahley Engineering, discussed in further detail.
08:36:24 PM (02:37:50) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:36:45 PM (02:38:11) 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 16469, including the change in language to Condition Number 4 to read “South 11th
Avenue must be constructed from its current terminus to Graf Street, etc.” and move to approve the
South University District Phase 2 Minor Subdivision Preliminary Plat with conditions and subject to all
code provisions that apply.
Deputy Mayor ‐ Cynthia Andrus: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
08:37:29 PM (02:38:55) Discussion
DM Andrus supports development in the area and the project.
CR Pomeroy strongly supports the project as it creates housing.
CR Krauss discussed the suitability of this area for high‐density student housing. He encouraged the
developer to apply for impact fee credits.
Mayor Taylor thanked the developer.
08:42:58 PM (02:44:24) 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 16469, including the change in language to Condition Number 4 to read “South 11th
Avenue must be constructed from its current terminus to Graf Street, etc.” and move to approve the
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 8 of 14
South University District Phase 2 Minor Subdivision Preliminary Plat with conditions and subject to all
code provisions that apply. The motion passed 5‐0.
Deputy Mayor ‐ Cynthia Andrus: 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
5. 08:43:11 PM (02:44:37) Resolution 4770, Authorizing the Midtown Urban Renewal District
Tax Increment Finance Assistance Program and Authorizing the Bozeman Midtown Urban
Renewal Board to Provide for the Administration of the Program (Fine)
08:43:34 PM (02:45:00) Staff Presentation
David Fine, Economic Development Specialist, discussed the nature of TIF districts and presented on the
Midtown TIF Assistance Program, noting the goals of the Midtown Urban Renewal Plan from 2015.
Eligible costs include public infrastructure and demolition and removal of structures.
08:50:06 PM (02:51:32) Questions of Staff
CR Mehl asked what the functional change of the program is, and what would be the cutoff that would
bring it before the City Commission, and where the $100,000 threshold came from. Staff responded and
discussed in detail.
DM Andrus asked about logistics of the applicant/grant process. She asked for further detail about the
program itself and some definitions. She also asked about matching funds.
Mayor Taylor asked about in practice, how would the application process work? He also asked about
the timeline.
09:04:02 PM (03:05:28) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
09:04:12 PM (03:05:38) Motion to adopt Resolution 4770, Authorizing the Midtown Urban Renewal
District Tax Increment Finance Assistance Program and Authorizing the Bozeman Midtown Urban
Renewal Board to Provide for the Administration of the Program.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Jeff Krauss: 2nd
09:04:46 PM (03:06:12) Discussion
CR Pomeroy stated that this program will save time, and thus money, so she supports the motion.
CR Krauss stated that there is already a budget for TIF districts, which is the first control. A contract is
the second control. He admits that this does de‐politicizes the process, but it is missing the accounting
control. He discussed the criteria and controls in depth. He also discussed the decline in the district. But
he supports these changes to the district.
CR Mehl fully supports the intent of the program. He just wants to see consistency in the City in contract
approval levels.
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 9 of 14
DM Andrus appreciates that this change in the program. She is okay with looking at $50,000 and above
as a solid limit that also affects consent.
CR Pomeroy agreed with CR Mehl, but TIF districts are different and she supports as is.
Mayor Taylor stated he would support a motion to set the upper limit at $50,000.
09:21:20 PM (03:22:46) Amendment to change the request for funding for more than $50,000* will
require prior notification of the Bozeman City Commission.
Commissioner ‐ Chris Mehl: Motion
Deputy Mayor ‐ Cynthia Andrus: 2nd
*$100,000 was stated, but it was clarified by Commissioner Mehl at 09:23:32 PM (03:24:58) that he
meant to state $50,000.
09:21:40 PM (03:23:06) Discussion
CR Mehl discussed the notification nature of the motion.
09:24:19 PM (03:25:45) Point of Order
CR Pomeroy requested that CR Mehl explain his motion for clarification.
09:25:52 PM (03:27:18) Friendly Amendment to change “notification” to “ratification” in the
amendment language.
09:26:15 PM (03:27:41) Discussion
CR Krauss stated he will likely vote no to the amendment, as this politicizes the projects.
Mayor Taylor stated he will vote for the amendment, since it is a potential for 40% of the budget.
09:30:19 PM (03:31:45) Vote on Amendment as Amended to change the request for funding for more
than $50,000 will require prior ratification of the Bozeman City Commission. The motion passed 3‐2.
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: Disapprove
09:30:41 PM (03:32:07) Vote to adopt Resolution 4770, Authorizing the Midtown Urban Renewal
District Tax Increment Finance Assistance Program and Authorizing the Bozeman Midtown Urban
Renewal Board to Provide for the Administration of the Program. The motion passed 5‐0. The motion
passed 5‐0.
Commissioner ‐ I‐Ho Pomeroy: 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
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 10 of 14
6. 09:31:17 PM (03:32:43) Ordinance 1923 Provisional Adoption, Revising Bozeman Municipal
Code, Chapter 40, Article 3, Division 3, Wastewater Collection and Treatment System
(Woolard/Cooper)
09:31:40 PM (03:33:06) Staff Presentation
Public Works Director Craig Woolard discussed the audit by the EPA a few years ago, and that this is
moving the process forward. The ordinance puts the City in line with the Clean Water Act. He also
discussed the nature of the resolution, Action Item 7, that these local limits driven by the ordinance.
These will be updated approximately every 5 years.
09:35:07 PM (03:36:33) Questions of Staff
CR Krauss asked what industries in Bozeman does this put at risk.
DM Andrus asked if there are any immediate implications with the change in this. Assistant City
Attorney Tim Cooper answered in detail.
CR Mehl asked if we are currently in compliance until the Clean Water Act changes again? He also asked
about the quality of the water discharged into the Gallatin River. Director Woolard responded in detail.
Mayor Taylor asked if both items 6 and 7 were covered.
09:42:43 PM (03:44:09) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
09:42:54 PM (03:44:20) Motion to provisionally adopt Ordinance 1923, Revising Bozeman Municipal
Code, Chapter 40, Article 3, Division 3, Wastewater Collection and Treatment System, and direct that
the ordinance be brought back for a second read after 30 days.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
09:43:16 PM (03:44:42) Discussion
CR Krauss stated that this is administrative and does not threaten business. He supports the motion.
09:43:42 PM (03:45:08) Vote to provisionally adopt Ordinance 1923, Revising Bozeman Municipal
Code, Chapter 40, Article 3, Division 3, Wastewater Collection and Treatment System, and direct that
the ordinance be brought back for a second read after 30 days. The motion passed 5‐0.
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: Approve
7. 09:43:55 PM (03:45:21) Resolution 4764, Adopting Pollutant Limits for Industrial
Contributions into the City's Wastewater Collection and Treatment System (Woolard/Cooper)
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Page 11 of 14
09:44:25 PM (03:45:51) Staff Presentation
Director Woolard stated that the resolution adopts local limits derived from sampling events.
09:45:05 PM (03:46:31) Questions of Staff
There were no questions for staff.
09:45:09 PM (03:46:35) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
09:45:15 PM (03:46:41) Motion to adopt Resolution 4764, Adopting Pollutant Limits for Industrial
Contributions into the City's Wastewater Collection and Treatment System.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ Chris Mehl: 2nd
09:45:32 PM (03:46:58) Discussion
CR Krauss stated there is an obligation to protect the City’s investment in infrastructure and the East
Gallatin, and this does that.
09:45:51 PM (03:47:17) Vote to adopt Resolution 4764, Adopting Pollutant Limits for Industrial
Contributions into the City's Wastewater Collection and Treatment System. The motion passed 5‐0.
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: Approve
Change in Agenda Order:
9. 09:46:21 PM (03:47:47) Appointments to the Cemetery Advisory Board (Michalson)
09:46:27 PM (03:47:53) Motion and Vote to appoint Katherine Ball, Russ Tuckerman, and Stacey
Wunsch to the Cemetery Advisory Board with updated terms of December 31, 2019. 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
10. 09:46:58 PM (03:48:24) Appointments to the Bozeman Midtown Urban Renewal Board
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 12 of 14
(Michalson)
09:47:16 PM (03:48:42) Request for Motion
Mayor Taylor requested a motion to appoint Andrew Cetraro to the voting member position with an
expiration of January 31, 2021, appoint Kevin Cook to a non‐voting member position with an updated
term of January 31, 2021, appoint Josh Palmer to a non‐voting member position that expires January 31,
2019, and appoint Nicholas Rodgers to a non‐voting member position that expires January 31, 2018.
09:48:00 PM (03:49:26) Motion and Vote to ratify the Mayor’s appointments to the Bozeman Midtown
Urban Renewal Board: to appoint Andrew Cetraro to the voting member position with an expiration of
January 31, 2021, appoint Kevin Cook to a non‐voting member position with an updated term of
January 31, 2021, appoint Josh Palmer to a non‐voting member position that expires January 31, 2019,
and appoint Nicholas Rodgers to a non‐voting member position that expires January 31, 2018. The
motion passed 5‐0.
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: Approve
11. 09:48:21 PM (03:49:47) Appointments to the Recreation and Parks Advisory Board
(Michalson)
09:48:28 PM (03:49:54) Request for Motion
Mayor Taylor requested a motion to re‐appoint Brian Close, Tony Thatcher, and Richard Shanahan, and
appoint new applicants Glenn Lehrer and Tommy Bass.
09:48:42 PM (03:50:08) Motion to ratify the Mayor’s appointments to the Recreation and Parks
Advisory Board: to re‐appoint Brian Close, Tony Thatcher, and Richard Shanahan, and appoint new
applicants Glenn Lehrer and Tommy Bass.
Commissioner ‐ Chris Mehl: Motion
Deputy Mayor ‐ Cynthia Andrus: 2nd
09:48:41 PM (03:50:07) Discussion
Mayor Taylor noted the number of applicants to the board.
CR Mehl asked the Mayor which applicants are filling which terms.
Mayor Taylor confirmed that the three reappointments fulfill the updated term that they already held,
and the two new applicants fill at‐large positions. CR Mehl pointed out there is only one at‐large position
open, which the Clerk confirmed. The Mayor changed his one new appointment to Tommy Bass.
09:49:54 PM (03:51:20) Motion Revised for Accuracy and Vote to appoint the three reapplying
applicants to their existing terms (Brian Close, Tony Thatcher, and Richard Shanahan), and Tommy
Bass to the at‐large term which expires on December 31, 2018. The motion passed 5‐0.
Commissioner ‐ Chris Mehl: Motion
Deputy Mayor ‐ Cynthia Andrus: 2nd
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 13 of 14
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
8. 09:50:43 PM (03:52:09) Legislative Update (Kukulski)
09:50:51 PM (03:52:17) Staff Presentation
City Manager Kukulski discussed LC1504, the gas tax bill, likely to come out of the process later this
week with a bill number. He discussed the impact that this bill would have. He stressed that the
legislature needs to hear from constituents for this to pass. He also discussed the local option tax. He
asked the Commission to please reach out to legislators about this. He also referenced an infrastructure
article written in the Billings Gazette. Prospera’s board recently voted to support both of these issues,
and the School District is also very supportive of these issues.
09:59:16 PM (04:00:42) Meeting Extended
Mayor Taylor extended the meeting to 10:15 PM.
09:59:19 PM (04:00:45) Staff Presentation Continued
The Chamber is hosting an education opportunity on February 8th for their members. He again
encouraged the Commission to reach out to constituents about these issues.
I. 10:01:13 PM (04:02:39) FYI/Discussion
City Manager Kukulski reminded the Commission that he needs to nail down dates/times to
finish the Strategic Plan. Mayor Taylor asked if the 9th and 10th of March would work. All five
Commissioners confirmed this would work.
J. 10:03:05 PM (04:04:31) Adjournment
Mayor Taylor adjourned the meeting at 10:03 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
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Bozeman City Commission Meeting DRAFT MINUTES, January 23, 2017
Page 14 of 14
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
36
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 30, 2017
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. 06:01:46 PM (00:03:36) Call to Order – 6:00 PM ‐ Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:01 PM.
B. 06:01:56 PM (00:03:46) Pledge of Allegiance and a Moment of Silence
C. 06:02:56 PM (00:04:46) Changes to the Agenda
D. 06:03:03 PM (00:04:53) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign the Letter of Support for the Trust for Public Land’s Grant
Application to the Montana State Parks Recreational Trails Program (RTP) for the Story Mill
Community Park, for Construction of Interpretive Trails and Boardwalks (Poissant)
3. Authorize the City Manager to Sign a Professional Services Agreement with Public Sector
Personnel Consultants for a Compensation Study (Jorgenson)
4. Resolution 4767, Pursuant to 8.02.080.H, Bozeman Municipal Code, Designating an Additional
Dog Restraint‐Free Area at Bozeman Pond Park (Poissant)
06:03:05 PM (00:04:55) City Manager Overview
City Manager Kukulski gave a brief overview of Consent Items 1‐4.
06:04:46 PM (00:06:36) Public Comment
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Page 2 of 12
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
06:05:01 PM (00:06:51) Motion and Vote to approve Consent Items 1‐4 as submitted. 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
E. 06:05:18 PM (00:07:08) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
F. 06:06:15 PM (00:08:05) Special Presentation
1. 06:06:32 PM (00:08:22) State of the Neighborhoods Address (Johnson/Rockne)
Neighborhood Coordinator Jessica Johnson, and Inter‐Neighborhood Council (INC) Chair Jennifer Rockne
presented on the State of the Neighborhoods for their annual presentation. She discussed the 13
current neighborhood associations, the INC, INC’s purpose, the year in review, Nextdoor, INC’s priorities
for this year, and 2017 goals.
06:22:10 PM (00:24:00) Questions of Presenters
There were no questions of the presenters.
G. 06:22:24 PM (00:24:14) Action Items
1. 06:22:28 PM (00:24:18) Ordinance 1920 Provisional Adoption, Maintenance of Buildings and
Demolition of Historic Structures, Application 14623 (Saunders)
06:22:47 PM (00:24:37) Staff Presentation
Policy and Planning Manager Chris Saunders discussed the number of times this issue has been before
the Commission, and that this ordinance takes the feedback of previous presentations into account. He
notes the current challenges and reasons for change, the primary proposed changes, the maintenance
requirement, the demolition process, definitions, unresolved issues, a summary of the National Register
Criteria for Evaluation, public comment, Zoning Commission / Planning Board, and Historic Preservation
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 3 of 12
Advisory Board recommendation.
06:33:36 PM (00:35:26) Questions of Staff
CR Pomeroy asked why the City staff is not recommending bonding? City Attorney Sullivan responded in
detail. She also asked what would happen if someone demolished a structure that they shouldn’t, for
safety reasons? Mr. Saunders responded in detail the process.
CR Krauss asked if this ordinance mandates maintenance of unsafe, historic buildings. He also asked
what the warning was for those outside an NCOD that demolishes ad hoc without a previous historic
designation. He also asked if the state can designate historic without the City’s consent, and how can the
City prevent this from happening? He asked how this will affect those with applications for demolition
now. City Attorney Sullivan responded. He also asked what determines a nuisance, as well as if the City
is increasing environmental protection in the neighborhood during teardown.
DM Andrus asked whether the historic form is applicable to all NCOD and beyond, and that no action
can happen until it comes before the City. She asked if there is any inventory of historic structures
outside the NCOD. She asked further about the review authority of the bonding, as well as why the 10%
was chosen.
CR Krauss asked if in practicality someone/something could declare another priority historic without the
approval/knowledge of the property owners. Discussion in detail occurred concerning protection of
property owners.
CR Mehl asked if this could also happen inside the NCOD? He asked to clarify that the bonding is a MAY
authority. He asked what kind of findings would be required for different buildings and bonding? He
asked what the rough timeline is for the hiring of the Preservation Officer, and would this need to be
amended when that happens? Community Development Director Marty Matsen responded. He asked
for the timeline for the process that needs to be determined is? He asked about the relevancy of the
International Building Code. He asked what the staff recommended for the waiting period, and if 2 years
is agreeable. He asked if the staff accepted that non‐historic structures do not need to apply for the
demolition permit.
Mayor Taylor asked if the bonding alternative would require negotiation with the property owner. He
asked why not have a clause leaving terms and conditions open? City Attorney Sullivan responded in
detail. He asked that this would not be a trivial course of action, and is there any downside to letting this
happen.
DM Andrus asked that if this ordinance is passed, that the Commission will need to make the findings
automatically if a demolition permit was filed for a property by a non‐property owner.
Mayor Taylor asked if the Commission could review these circumstances?
CR Mehl asked if there is a way to notify these property owners? Mr. Saunders and Mr. Sullivan
responded in detail.
CR Krauss asked about the procedure for non‐historic within the NCOD, and whether the City wants the
high‐level review for historic properties outside the NCOD?
CR Mehl asked if Mr. Saunders would introduce the new planner in Community Development, Addi
Jadin. Ms. Jadin introduced herself.
07:41:28 PM (01:43:18) Public Comment
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 4 of 12
Mayor Taylor opened public comment.
07:41:44 PM (01:43:34) David Chambers, Public Comment
INC member, Mr. Chambers, is concerned about whether this change will prevent certain historic
structures from being demolished. He believes the 2 year stay won’t necessarily stop some demolitions.
He believes the bonding option may be able to replace the stay.
07:45:15 PM (01:47:05) Public Comment Closed
Mayor Taylor closed public comment.
07:45:17 PM (01:47:07) Questions of Staff
DM Andrus asked if there are other options for the 2 year stay. Mr. Sullivan clarified.
CR Krauss asked that the bonding is a requirement with demolition. Mr. Saunders responded in detail.
07:49:03 PM (01:50:53) Public Hearing Closed
Mayor Taylor closed the public hearing.
07:49:29 PM (01:51:19) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings and add the language for the
security bond, section 38.16.090 of the BMC, as submitted by staff as alternate number 2 [adding the
following to section 8 of Ordinance 1920 adding new subsection 38.16.090.D.4.c to the Bozeman
Municipal Code as follows: “The review authority may require a developer to enter into a
development agreement with the city at the time of issuance of a certificate of appropriateness
authorizing demolition of all or part of a historic structure in the neighborhood conservation overlay
zoning district or in a designated historic district. The development agreement may provide for
conditions of demolition, timing of reconstruction, and may require the developer to post a surety
bond naming the city as a beneficiary for not less than 10% of the costs of the overall reconstruction
budget as a guarantee that construction of the replacement structure will commence promptly upon
completion of the demolition. This requirement is in addition to any other requirement of this code.”],
and all the findings in the staff report for application 14623 and move to provisionally adopt
Ordinance 1920.
Deputy Mayor ‐ Cynthia Andrus: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
07:50:20 PM (01:52:10) Discussion
DM Andrus believes that the Commission should go to this step to ensure public safety.
CR Pomeroy stated that this is complicated, and took 5 years to get here, but we have to be practical.
She supports the motion.
CR Krauss will not support the motion as presented, requiring the bonding. He doesn’t believe we
should write ordinances targeted towards the ecxeptions.
CR Mehl thanked staff for their work on this, as it’s been discussed for some time, and this is a big
improvement. He does support the bonding, and appreciate the “may” aspect of the language.
Mayor Taylor thanked the staff. He wished the City had more control in this issue, as it’s a local issue. He
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 5 of 12
would prefer a longer stay than 2 years. He clarified that this would allow more than 10%, so he
supports.
CR Mehl wanted to know why the Mayor would look for more than 10%.
Mayor Taylor responded this would be under certain circumstances.
CR Mehl would not support this as worded, he would like to vote for a bond up to 10%.
08:04:24 PM (02:06:14) Amendment to change the language from “not less than 10%” to “not more
than 10%.”
Commissioner ‐ Jeff Krauss: Motion
Deputy Mayor ‐ Cynthia Andrus: 2nd
08:04:41 PM (02:06:31) Discussion
CR Krauss will probably still vote against it, but this is a reasonable change.
Mayor Taylor would prefer to say any number from 0% up, but 10% is not enough. He would support an
amendment to the amendment, or 50% would work for him.
DM Andrus agreed that 10% seems like a fair maximum.
CR Mehl agreed with the previous remarks.
Mayor Taylor believes 10% secures what is needed, but the City needs to be open.
08:08:25 PM (02:10:15) Vote on the Amendment to change the language from “not less than 10%” to
“not more than 10%.” The motion passed 4‐1.
Commissioner ‐ Jeff Krauss: Motion
Deputy Mayor ‐ Cynthia Andrus: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Disapprove
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
08:08:51 PM (02:10:41) Vote on the Motion as Amended that having reviewed and considered the
application materials, public comment, and all the information presented, I hereby adopt the findings
and add the language for the security bond, section 38.16.090 of the BMC, as submitted by staff as
alternate number 2 [adding the following to section 8 of Ordinance 1920 adding new subsection
38.16.090.D.4.c to the Bozeman Municipal Code as follows: “The review authority may require a
developer to enter into a development agreement with the city at the time of issuance of a certificate
of appropriateness authorizing demolition of all or part of a historic structure in the neighborhood
conservation overlay zoning district or in a designated historic district. The development agreement
may provide for conditions of demolition, timing of reconstruction, and may require the developer to
post a surety bond naming the city as a beneficiary for not less more than 10% of the costs of the
overall reconstruction budget as a guarantee that construction of the replacement structure will
commence promptly upon completion of the demolition. This requirement is in addition to any other
requirement of this code.”], and all the findings in the staff report for application 14623 and move to
provisionally adopt Ordinance 1920. The motion passed 4‐1.
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 6 of 12
Deputy Mayor ‐ Cynthia Andrus: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Disapprove
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
08:09:11 PM (02:11:01) Commission in Recess
Mayor Taylor called a break until 8:20 PM.
08:20:30 PM (02:22:20) Call to Order
Mayor Taylor called the meeting back to order at 8:20 PM.
2. 08:20:46 PM (02:22:36) Resolution 4775, Authorizing the Purchase of Real Property at 1804
North Rouse Avenue from the Montana Department of Transportation for the Expansion of
the City of Bozeman's Vehicle Maintenance Property (Woolard/Kukulski)
08:21:03 PM (02:22:53) Staff Presentation
City Manager Kukulski presented on the potential purchase of the parcel adjacent to the City’s vehicle
maintenance facility from MDT. He noted the one contingency is the completion of a Phase 1
Environmental Assessment. This was budgeted for.
08:22:50 PM (02:24:40) Questions of Staff
CR Pomeroy asked for the dimensions of the property. She asked why the City wants to purchase this
parcel. Mr. Kukulski responded in detail.
DM Andrus asked where the expenditure if coming from, and how it impacts the full capital budget.
Public Works Director Craig Woolard spoke of the benefits of this property.
Mayor Taylor asked for clarification on the map.
08:28:41 PM (02:30:31) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
08:28:56 PM (02:30:46) Motion to adopt Resolution 4775, Authorizing the Purchase of Real Property at
1804 North Rouse Avenue from the Montana Department of Transportation for the Expansion of the
City of Bozeman's Vehicle Maintenance Property or any other use the City of Bozeman would make of
it.
Commissioner ‐ Jeff Krauss: Motion
Commissioner ‐ I‐Ho Pomeroy: 2nd
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 7 of 12
08:29:22 PM (02:31:12) Discussion
CR Krauss noted the value of the property as it’s adjacent.
CR Pomeroy stated the city is growing, and this is a good purchase.
Mayor Taylor believes this is a proactive opportunity.
08:31:58 PM (02:33:48) Vote to adopt Resolution 4775, Authorizing the Purchase of Real Property at
1804 North Rouse Avenue from the Montana Department of Transportation for the Expansion of the
City of Bozeman's Vehicle Maintenance Property or any other use the City of Bozeman would make of
it. 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
3. 08:32:11 PM (02:34:01) Adopt the General Fund Capital Improvement Plan (CIP) for Fiscal
Years 2018‐2022 (Rosenberry)
08:32:31 PM (02:34:21) Staff Presentation
City Manager Kukulski noted that the plan was presented to the Commission before Christmas, that this
was presented on January 9th, with 3 out of 5 Commissioners, that he has asked that they review the
record, and that they are prepared to answer any questions.
08:33:55 PM (02:35:45) Questions of Staff
DM Andrus asked about using 50% of the cash carryover, and for a reminder of what the cash carryover
is typically used for. She asked if a million dollars in cash carryover is too much. She asked if the
Commission does not approve the mills or use of cash carryover, the City would still be able to do the
projects. Mr. Kukulski stated no, as the CIP needs to be in alignment. She asked about the project on
25th, and the necessity of the road. Parks and Recreation Director Mitch Overton explained the
importance of timing for this issue. She asked about the alternative of a trail.
Mayor Taylor asked that the area be pulled up on GIS.
DM Andrus also asked Mr. Overton if the Story Mill Community Center could be phased, and if it’s
scheduled for FY18.
CR Pomeroy asked how Mr. Overton estimated $16 million for the outdoor aquatic facility, and if it’s too
high compared to other similar facilities. She asked Assistant City Manager Chuck Winn if the YMCA
partnership estimate is still relevant. She asked Assistant City Manager Anna Rosenberry about
borrowing in the CIP, and if this is a good idea. Ms. Rosenberry responded in detail.
CR Krauss asked about the water/wastewater lines at the Sports Park, and why wasn’t it included in the
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 8 of 12
project?
Mayor Taylor asked if the Commission is approving half of the overage for General Fund CIP
improvements, 2 mills, and some borrowing power, and how does this change how the City would
budget?
CR Mehl asked that if the 2 mills were eliminated, that it would still balance? Ms. Rosenberry stated
concerns that this would push the reserve level. He asked about the current Intercap rate.
CR Krauss asked why the two mills or cash carryover hasn’t been asked for during the budgeting process
at any other time?
09:10:58 PM (03:12:48) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
09:11:19 PM (03:13:09) Motion to adopt the General Fund Capital Improvement Plan (CIP) for Fiscal
Years 2018‐2022.
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Chris Mehl: 2nd
09:11:36 PM (03:13:26) Discussion
CR Pomeroy stated that the CIP is complicated, and this is a lot of money for her to swallow, but she will
follow the step and supports the motion.
CR Mehl might have a motion depending on discussion.
CR Krauss stated this seems too much like budgeting. We need to balance the minimum balance. He
does support the radio lease.
CR Mehl believes this is the time to anticipate what is coming down the road, and now is the time to
consider the 5%. He does agree that if they borrow, they will commit future Commissions. He prefers
using the rollover.
DM Andrus could support the borrowing, but she doesn’t love the mills or the cash carryover. She
agrees this is better served with the budget.
Mayor Taylor believes the Commission should approve the projects. He agrees that he does think the
City should borrow. He doesn’t have a problem with the 2 mills or the carryover, but he doesn’t know
exactly what he’s approving, but he wants staff to just find a way to budget for what they request. He is
looking essentially at the FY18 expenditures, with a little of FY19. The rest is speculation.
CR Mehl stated that the motion he seconded assumed the $679,000, and if the Commission goes with
Mayor Taylor’s suggestion, back‐end projects will fall off.
CR Krauss reiterated that this is still budgeting, regardless of what gets cut/moved.
CR Mehl stated that this is inherently budgeting. Discussion followed. City Manager started he was just
showing a new way to look at CIP funding.
09:33:25 PM (03:35:15) Vote to adopt the General Fund Capital Improvement Plan (CIP) for Fiscal
Years 2018‐2022. The motion fails 2‐3.
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Page 9 of 12
Commissioner ‐ I‐Ho Pomeroy: Motion
Commissioner ‐ Chris Mehl: 2nd
Deputy Mayor ‐ Cynthia Andrus: Disapprove
Commissioner ‐ Jeff Krauss: Disapprove
Mayor ‐ Carson Taylor: Approve
Commissioner ‐ Chris Mehl: Disapprove
Commissioner ‐ I‐Ho Pomeroy: Approve
09:33:43 PM (03:35:33) Discussion
Mayor Taylor asked what the direction to staff is.
CR Krauss stated that the Charter directs staff to present it in a way they have looked at it in the past.
DM Andrus stated she would like to see it presented in the way they have looked at it in the past.
CR Mehl asked if the Commission wants to see it again before June?
Mayor Taylor stated that if the meaning of the no vote is that this is too much, then the Commission
needs to see this again.
CR Mehl stated that staff should assume the $679,000, but noted the Commission didn’t propose
anything to cut. Come back with a CIP without red numbers, because there is support for borrowing,
and develop a list that has the possibility of expansion using the rollover. He would rather build up than
cut down.
CR Krauss does believe that the Commission can consider capital projects during the budget. Critical
projects should be on the FY18 list in June. He does not think the red numbers presented are acceptable.
Mayor Taylor was confused why they wouldn’t pass the CIP and save the policy for later, as they
discussed last time.
CR Mehl stated that if this was the case, he would have cut projects. He directed staff to come back to
the Commission without the red numbers, to approve the borrowing, and if there’s anything that has to
be locked in before FY18 starts, let the Commission know.
09:39:49 PM (03:41:39) Public Hearing Closed
Mayor Taylor closed the public hearing.
4. 09:39:53 PM (03:41:43) Appointment to the Building Board of Appeals (Michalson)
09:39:56 PM (03:41:46) Discussion
CR Mehl did speak with Bob Lashaway, and he understood that the board does not meet very often, but
is still excited about serving on the board (as well as the following board).
09:40:18 PM (03:42:08) Motion to appoint one member to the Building Board of Appeals with an
updated term ending December 31, 2019.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 10 of 12
09:40:20 PM (03:42:10) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
09:40:23 PM (03:42:13) Discussion
There was no discussion
09:40:25 PM (03:42:15) Vote to appoint one member to the Building Board of Appeals with an updated
term ending December 31, 2019. The motion passed 5‐0.
Commissioner ‐ Chris Mehl: 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. 09:40:38 PM (03:42:28) Appointment to the Fire Code Board of Appeals (Michalson)
09:40:41 PM (03:42:31) Discussion
CR Mehl referenced his comments for previous item, Action Item 4.
09:40:42 PM (03:42:32) Motion to appoint one member to the Fire Code Board of Appeals with an
updated term ending December 31, 2019.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
09:40:45 PM (03:42:35) Public Comment
Mayor Taylor opened public comment.
There was no public comment.
Mayor Taylor closed public comment.
09:40:51 PM (03:42:41) Vote to appoint one member to the Fire Code Board of Appeals with an
updated term ending December 31, 2019. The motion passed 5‐0.
Commissioner ‐ Chris Mehl: Motion
Commissioner ‐ Jeff Krauss: 2nd
Deputy Mayor ‐ Cynthia Andrus: Approve
Commissioner ‐ Jeff Krauss: Approve
Mayor ‐ Carson Taylor: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
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Commissioner ‐ Chris Mehl: Approve
Commissioner ‐ I‐Ho Pomeroy: Approve
6. 09:41:04 PM (03:42:54) Legislative Update (Kukulski)
09:41:08 PM (03:42:58) Staff Presentation
City Manager Kukulski noted that he spoke with the Gallatin County Commission this morning, and that
they will be supporting the state legislation. He spoke of the estimation that a local option tax would
bring in.
09:49:22 PM (03:51:12) Questions of Staff
CR Mehl asked about the calculation, and class four properties.
DM Andrus asked if there is an actual bill number yet.
Mayor Taylor asked what the Commission could do.
H. 09:52:29 PM (03:54:19) FYI/Discussion
Mr. Kukulski noted that there may be a February 15th values discussion, not for next week as
previously scheduled.
I. 09:53:23 PM (03:55:12) Adjournment
Mayor Taylor adjourned the meeting at 9:53 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
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Bozeman City Commission Meeting DRAFT MINUTES, January 30, 2017
Page 12 of 12
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
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