HomeMy WebLinkAboutDecember 8, 2008 and January 5, 2009 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 8, 2008 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, December 8, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean
Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant
City Attorney Tim Cooper, Finance Director Anna Rosenberry, Planning Director Andy Epple, and City Clerk Stacy Ulmen.
0:11:49 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:05 p.m.
0:11:55 B. Pledge of Allegiance and a Moment of Silence
0:12:42 C. Changes to the Agenda
There were no changes to the agenda.
0:12:47 D. Public Service Announcement – Beautification Awards (Bristor)
0:12:55 Allyson Bristor, Associate Planner
Ms. Bristor gave a presentation regarding Beautification Awards. There were 13 different
projects awarded. Ms. Bristor went over the different types of projects.
0:26:19 Mayor Jacobson
Mayor Jacobson thanked the Beautification Advisory Board for their work.
0:26:56 E. Minutes – September 15, 2008, October 27, 2008, November 6, 2008 Policy
Meeting
0:27:03 Motion and Vote (to approve the minutes from September 15, 2008, October 27,
2008, and the November 6, 2008 Policy Meeting).
It was moved by Cr. Rupp, seconded by Cr. Becker (to approve the minutes from
September 15, 2008, October 27, 2008, and the November 6, 2008 Policy Meeting).
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
0:27:16 F. Consent
The motion passed 5-0.
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Staff to Redesign and Rebid the Solid Waste Division Building
Addition (Arkell)
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3. Authorize City Manager to sign City of Bozeman and Montana Department of
Transportation MPDES Small MS4 Storm Water Discharge Co-permit (Johnson)
4. Authorize City Manager to sign Montana Department of Commerce/Big Sky
Economic Development Trust Fund Assistance Agreement Amendment between CDI Business Solutions – Aerospace (“CDI”), and the City of Bozeman
(Rosenberry)
5. Authorize City Manager to sign Montana Department of Commerce/Big Sky
Economic Development Trust Fund Assistance Agreement Amendment between
the City of Bozeman and Gallatin Development Corporation, dba Prospera Business Network (Rosenberry)
6. Approve Beer and Wine or Liquor License Renewals for Calendar Year 2009
(Neibauer)
7. Approve the Monthly Building Report for November 2008 (Doerksen)
8. Approve Parkland Cash-in-Lieu Dedication for the Rialto Building Site Plan and Certificate Of Appropriateness Application #Z-07252 (Bristor)
0:27:22 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:27:32 Motion to approve Consent Items 1-8.
It was moved by Cr. Becker to approve Consent Items 1-8.
0:27:38 Cr. Krauss
Cr. Krauss asked that Consent item number 2 be pulled from the motion and postponed until a
presentation can be given on the item.
0:27:54 Cr. Becker
Cr. Becker agreed to amend his motion to take out Consent item 2.
0:27:56 Motion seconded to approve Consent Items 1, and 3-8.
Cr. Krauss seconded the motion to approve Consent Items 1, and 3-8.
0:28:07 Vote on the Motion to approve Consent Items 1, and 3-8.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
Ms. Arkell spoke regarding Consent item number 2. Ms. Arkell stated that today is the last day
to either award or reject the bids.
The motion passed 5-0.
0:28:27 Debbie Arkell, Public Works Director
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0:29:12 Cr. Bryson
Cr. Bryson would like a presentation on redesigning the Solid Waste Division Building.
0:29:26 Motion to approve rejecting the bids.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve rejecting the bids.
0:30:01Cr. Bryson
Cr. Bryson clarified his motion stating it was only to reject the bids.
0:32:03 Stacy Ulmen, City Clerk
Ms. Ulmen restated the motion.
0:32:20 Vote on the Motion to approve rejecting the bids.
Those voting Aye being Crs. Bryson, Becker, Krauss, and Rupp.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
0:32:29 Motion to Authorize Consent Item F. 2 to (direct) City Staff to redesign and rebid
the solid waste division building addition.
It was moved by Cr. Rupp to Authorize Consent Item F. 2 to (direct) City Staff to redesign
and rebid the solid waste division building addition.
0:32:51 Motion failed to Authorize Consent Item F. 2 to (direct) City Staff to redesign and
rebid the solid waste division building addition.
The motion failed due to a lack of a second.
0:34:43 G. Public Comment
Mayor Jacobson opened public comment.
0:35:32 Steve Kirchhoff, Public Comment
Mr. Kirchhoff spoke regarding the Cowdrey Towers. He wants it denied. This location is not
the place for it. This project is discouraged in the growth policy.
0:39:47 Ted Newman, Public Comment
Mr. Newman of 535 Valley Drive spoke regarding the new school on West Babcock Street. He
is requesting mitigation regarding his street or continuing Fowler.
0:42:30 Chris Wilcox, Public Comment
Mr. Wilcox, 1120 Willson spoke regarding the beautifications in the City.
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0:43:54 Chris Naumann, Public Comment
Mr. Naumann stated that he is here on behalf of the Bozeman Partnership and is speaking in
regards to the Cowdrey Towers. The Downtown is the heart and soul of the Community. He
suggested varied building heights.
0:46:10 Deb Stober, Public Comment
Ms. Stober of 395 Valley Drive spoke regarding paving Fowler and the impact of the future
traffic from the new school.
0:47:37 Adam Arnold, Public Comment
Mr. Arnold of 616 South 8th spoke regarding the Cowdrey Towers and the Wastewater
Treatment plant.
0:49:06 Mary Vanthull, Public Comment
Ms. Vanthull, 416 East Story spoke regarding the Cowdrey Towers. Downtown cannot take any
more blows. She asked that the Commission deny the Cowdrey Towers application.
0:51:17 John Belshaw, Public Comment
Cr. Rupp has concerns with the time frame. He spoke regarding the turnarounds with DEQ.
Mr. Belshaw of 45 Gardner Park Drive spoke regarding the height of the towers.
0:52:17 Public Comment closed.
Mayor Jacobson closed public comment.
0:52:21 H. Special Presentations
0:52:25 1. CMC Asbestos Bozeman Facility Update (Cooper/Tetra Tech, Inc.)
0:52:38 Tim Cooper, Assistant City Attorney
Mr. Cooper spoke regarding the CMC Asbestos Bozeman Facility. He spoke regarding the
reimbursement from the Orphan Share fund and the steps that have been taken to move forward.
0:54:48 Kirk Miller, Tetra Tech
Mr. Miller spoke regarding the new developments at the CMC site. He spoke regarding the
schedule going forward and correspondence from the Department of Environmental Quality.
1:04:14 Mayor Jacobson
Mayor Jacobson spoke regarding her concern of the timeline and receiving the monies from the
Orphan funds and the Legislature.
1:06:24 Cr. Krauss
Cr. Krauss spoke regarding the reimbursement of the "ad ons".
1:16:22 Cr. Rupp
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1:17:05 2. 2008 Storm Water Update (Johnson)
1:17:41 Dustin Johnson, Project Engineer
Mr. Johnson gave a presentation regarding the 2008 Storm Water Update. He went over what
has been accomplished regarding the phase 2 permit. He spoke regarding the differences of
street and storm water costs and creating a storm water utility.
1:33:39 Cr. Bryson
Cr. Bryson stated that it seems the allocating scheme needs to be reviewed.
1:37:02 Mr. Johnson
Mr. Johnson spoke regarding retention ponds.
1:39:15 Cr. Becker
Cr. Becker spoke about engaging the County regarding their parcels in the City limits.
1:42:12 Mr. Johnson
Mr. Johnson suggested that a Policy Meeting take place to discuss a storm water utility.
1:42:51 Cr. Rupp
Cr. Rupp stated that he would like to have the size of impervious lot areas considered rather than
looking at price per month.
1:43:42 Cr. Krauss
Cr. Krauss would like a map showing which areas discharge into the creek, etc.
1:44:13 Mr. Johnson
Mr. Johnson stated that there is an old map that is accurate up to the 1970-1980s. This is a
requirement coming up in 2009-2010. Need enough staff time to put this together.
1:45:00 Cr. Krauss
Cr. Krauss stated that the map seems to be a critical element in forming fees.
1:45:48 Mayor Jacobson
Mayor Jacobson stated that a policy session will be scheduled.
1:46:03 I. Action Items
1:46:08 1. Cowdrey Towers Master Site Plan, Conditional Use Permit, First Phase Site
Plan, and Certificate of Appropriateness with Deviation Application #Z-08088, opened and
continued from December 1, 2008 (Krueger)
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1:49:18 Cr. Krauss
Cr. Krauss disclosed to that he spoke to Chris Naumann who mentioned the same items
regarding the project as what were mentioned tonight during public comment.
1:50:14 Dave Crawford, TD & H Engineering, Applicant's Representative
Mr. Crawford spoke regarding sewer capacity.
1:51:46 Scott Bechtle, Bechtle Architects, Applicant Representative
Mr. Bechtle spoke regarding the informal presentation comments.
1:56:13 Mayor Jacobson
Mayor Jacobson spoke regarding mixed use development. Mass is a real problem.
1:59:43 Mr. Bechtle
Mr. Bechtle spoke regarding the LEEDS certification.
2:11:01 Amendment to the Main Motion to eliminate the approval of the deviation request.
An amendment was made by Cr. Rupp, seconded by Cr. Becker to eliminate the approval
of the deviation request.
2:11:17 Cr. Rupp
Cr. Rupp clarified that this brings the buildings to 74ft.
2:11:43 Cr. Becker
Cr. Becker stated that he has reviewed the materials. He spoke regarding deviations.
2:20:06 Vote on the Amendment to the Main Motion to eliminate the approval of the
deviation request.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
2:35:08
The motion passed 5-0.
2:20:24 Cr. Becker
Cr. Becker spoke regarding condition #17.
2:26:20 Mr. Bechtle
Mr. Bechtle spoke regarding shading and the urban plaza.
Vote on the Main Motion as Amended from December 1, 2008 made by Cr. Bryson,
seconded by Cr. Krauss to approve the Cowdrey Towers Master Plan, Conditional Use
Permit, First Phase Site Plan and Certificate of Appropriateness with Deviation #Z-08088
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with the Conditions and Code Provisions outlined in the staff report with the exception of
#17, and to eliminate the approval of the deviation request.
Those voting Aye being Crs. Bryson, Krauss, and Becker.
Those voting No being Cr. Rupp, and Mayor Jacobson.
The motion passed 3-2.
2:35:32 Break
2:45:00 2. Award of Bid for Phase I Renovation of the Story Mansion (Goehrung)
2:45:18 James Goehrung, Superintendent of Facilities
Mr. Goehrung spoke regarding the Award of Bid for the Phase I Renovation of the Story
Mansion. Bids were opened on December 3, 2008. He spoke regarding the improvements.
There is a shortfall of $391,222.
2:48:05 Mayor Jacobson
Mayor Jacobson asked that the slide be shown that explains the source of funds.
2:51:28 Mr. Goehrung
Mr. Goehrung spoke regarding the floor strengthening and fire suppression.
2:53:44 Mayor Jacobson
Mayor Jacobson spoke regarding the electrical work.
2:54:46 Cr. Rupp
Cr. Rupp spoke regarding the kitchen.
2:55:46 Cr. Krauss
Cr. Krauss spoke regarding budget amendments.
2:58:24 Public Comment
Mayor Jacobson opened public comment.
2:58:34 Amanda Drysdale, Public Comment
Ms. Drysdale of 2020 South Rouse Apt. 9 stated that she is the great granddaughter of Nelson
Story. She encouraged the Commission to accept the bids.
3:04:02 Dee Dee Taylor, Public Comment
Ms. Taylor of 8 West Harrison Street stated she is part of the Story Mansion group. She spoke
regarding the City Hall Opera house and funding the renovations of the Story Mansion. She
encouraged the Commission and staff support the project.
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3:08:25 Bob Curring, Public Comment
Mr. Curring of spoke regarding the Montana Constitution. The people have the right to decision
on this.
3:11:37 Jane Klockman, Public Comment
Ms. Klockman of 713 South Willson spoke in support of the renovation. She spoke regarding
other like mansions around the United States and how they have been used both for private and
public use.
3:18:35 Martha Story Drysdale, Public Comment
Ms. Drysdale of 1408 South Black Avenue stated that she supports the renovation. The Mansion
should be preserved. Her father was raised in the house.
3:21:24 Mark Story, Public Comment
Mr. Story of 325 North 22nd spoke regarding his concern of fiscal prudence. He urges that the
Commission not approve the project and instead get the City Manager to get an appraisal.
3:23:24 Maurice Steinman, Public Comment
Mr. Steinman of 122 Franklin Hills Drive stated that there needs to be a study done to figure out
how to best use this property. He stated that it does not make economic sense not to go forward
with the restoration.
3:24:32 Mark Hofsteler, Public Comment
Mr. Hofsteler stated that he is the president of the Bozeman Historic Preservation Advisory
board. He is speaking as an individual and is in support.
3:27:56 Jeff Stephens, Public Comment
Mr. Stephens of 205 South Church spoke in support of the project.
3:29:42 Chris Wilcox, Public Comment
Mr. Wilcox of 1120 Willson stated the City needs to sell the Mansion and get it back in the tax
rolls.
3:31:52 Pierce Mullan, Public Comment
Mr. Mullan of 11 Hill Street spoke in support of the renovation of the Mansion. Consider the
cultural aspects of the building.
3:33:35 Al Jaggard, Public Comment
Mr. Jaggard spoke regarding developing community values.
3:36:37 Gina Franklin, Public Comment
Ms. Franklin 314 North 18th stated the City needs to have control of the property but sell it to a
private buyer.
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3:39:52 Bob Chase, Public Comment
Mr. Chase of 433 South Black Avenue spoke regarding budget concerns. His concern is what
the condition the Story Mansion will be in 10 years. He spoke regarding an asbestos report.
3:44:05 Margret Bach, Public Comment
Ms. Bach of 197 Lamplight Lane spoke regarding a similar month. There needs to be a director
for the building. This could be a meeting place.
3:47:07 Orvil Bach, Public Comment
Mr. Bach of 197 Lamplight Lane spoke regarding economics. Many other Communities have
done projects like this. The potential and opportunities are endless. We need a plan and look
what other communities have done.
3:50:06 Abigale Brewer, Public Comment
Ms. Brewer of 502 North 11th Avenue stated that the Story Mansion is a place of tremendous of
value.
3:51:32 Robin Owen, Public Comment
Ms. Owen of 289 Chapmin Road asked those who are in support of the Story Mansion stand up.
3:52:23 Public Comment closed
Mayor Jacobson closed public comment.
3:52:39 Mayor Jacobson
Mayor Jacobson spoke in support of the Story Mansion and the SAT grant. She spoke regarding
past historical buildings that were torn down. We need to preserve the historical legacy of
Bozeman. There is a market of Heritage tourism. She would like to see a room dedicated to the
SAEs. Mayor Jacobson stated that she received a letter promising a $5,000 contribution for the
Mansion.
4:18:22 Cr. Bryson
Cr. Bryson spoke regarding the use of the Mansion and the SAT grant money. The City should
not be engaged in keeping this in public ownership.
4:22:22 Cr. Krauss
Cr. Krauss spoke regarding the general fund funding for the Story Mansion. He also spoke
regarding the SAT grant. He understands preserving heritage. It would be better historically
preserved in private hands.
4:30:09 Cr. Rupp
Cr. Rupp spoke regarding the financial aspect of the project. He spoke regarding local option
taxes. There is common ground.
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4:36:25 Cr. Becker
Cr. Becker stated that he wants to make sure that this decision remains separate from other issues
that the Commission will deal with in the future. He spoke regarding the General Fund budget.
He spoke regarding quality of life and noted that Bozeman is an active community with around
40 advisory boards. He spoke regarding the $391,222.
4:45:03 Motion to Authorize the City Manager to sign the Award of Bid to R &R Taylor
Construction as the General Contractor/Construction Manager in the amount of
$1,071,242 as authorized by the 2008-2009 budgets and direct staff to bring back the
necessary budget amendment from the General Fund not to exceed $391,222 to be paid
back within 24 months either through fundraising or by selling the mansion starting on
January 1 of 2011(originally stated 2010 but he clarified later on in discussion).
It was moved by Cr. Becker, seconded by Cr. Krauss to authorize the City Manager to sign
the Award of Bid to R &R Taylor Construction as the General Contractor/Construction
Manager in the amount of $1,071,242 as authorized by the 2008-2009 budgets and direct
staff to bring back the necessary budget amendment from the general fund not to exceed
$391,222 to be paid back within 24 months either through fundraising or by selling the
mansion starting on January 1 of 2011(originally stated 2010 but he clarified later on in
discussion).
4:46:06 Mayor Jacobson
Mayor Jacobson suspended the rules for 10 minutes.
4:46:16 Cr. Krauss
Cr. Krauss asked that the motion be recorded as being made after the rules were suspended.
4:46:47 Cr. Becker
Cr. Becker agreed and reiterated the motion.
4:47:07 Cr. Rupp
Cr. Rupp asked for clarification of the motion.
4:47:30 Cr. Becker
Cr. Becker stated that the intent of the motion is to march the SAT Grant as budgeted, and then
the balance of the $391,222 will be drawn from the General Fund to be paid back within 24
months either through fundraising or the sale of the Mansion.
4:47:58 Cr. Becker
Cr. Becker stated if the funds are not raised, we begin marketing the Mansion January 1, 2011.
He asked that the year be changed in the motion.
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4:48:36 Mayor Jacobson
Mayor Jacobson spoke about fund raising efforts.
4:54:01 Cr. Krauss
Cr. Krauss stated that this needs to be a community effort.
4:58:53 Vote on the Motion to authorize the City Manager to sign the Award of Bid to R
&R Taylor Construction as the General Contractor/Construction Manager in the amount
of $1,071,242 as authorized by the 2008-2009 budgets and direct staff to bring back the
necessary budget amendment from the General Fund not to exceed $391,222 to be paid
back within 24 months either through fundraising or by selling the mansion and if the
funds are not raised by January 1, 2011, we begin the process of marketing the Mansion.
Those voting Aye being Crs. Becker, Krauss, Rupp, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 4-1.
5:00:09 J. FYI
5:00:10 1. Discuss Cancelling the City Commission Meeting on December 22, 2008 due
to the Christmas Holiday.
Mayor Jacobson stated that she will not be at the meeting on January 5, 2009.
5:00:47 K. Adjourned
Mayor Jacobson adjourned the meeting at 11:01 p.m.
____________________________________ Kaaren Jacobson, Mayor
ATTEST:
____________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________ Stacy Ulmen, City Clerk
Approved on ___________________________.
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 5, 2009
**********************
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, January 5, 2009. Present were Mayor Pro-tem Jeff Krauss, Cr. Sean Becker,
Cr. Eric Bryson, Cr. Jeff Rupp, Acting City Manager Chuck Winn, Finance Director Anna
Rosenberry, Planning Director Andy Epple, Interim City Attorney Bob Planalp, and Deputy City
Clerk Aimee Kissel.
0:00:47 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
Mayor Pro-tem Krauss called the meeting to order.
0:00:52 B. Pledge of Allegiance and Moment of Silence
0:01:03 C. Changes to the Agenda
Mayor Pro-tem Krauss asked Acting City Manager Chuck Winn if there were any changes to the
agenda.
0:01:10 Chuck Winn, Acting City Manager
Mr. Winn stated that he was not aware of any changes to the agenda.
0:01:15 D. Public Service Announcement Growth Policy Update (Epple)
0:01:31 Andy Epple, Director of Planning
Mr. Epple presented the 2020 Plan Update.
0:10:50 E. Authorize Absence of Mayor Jacobson
0:10:52 Motion and Vote to authorize the absence of Mayor Jacobson.
It was moved by Cr. Rupp, seconded by Cr. Becker to authorize the absence of Mayor
Jacobson.
0:11:06 F. Minutes - October 6, October 20, November 3, November 17, November 21,
2008
Those voting Aye being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:11:18 Motion and Vote to approve the Minutes of October 6, October 20, November 3,
November 17 and November 21, 2008.
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It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Minutes of October 6,
October 20, November 3, November 17 and November 21, 2008.
0:11:39 G. Consent
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to Negotiate and sign a Listing Contract for the Sale of the
Former City Hall Lots 10–14 and Facility, with the Commercial Real Estate Firm Grubb
& Ellis, Montana Commercial LLC (Fontenot)
3. Authorize City Manager to sign the Land Exchange Agreement with NorthWestern
Energy for the Bozeman Water Reclamation Facility Project (Murray)
4. Authorize Payment of $2,598.26 for the Buttrey’s Solvent Site Cost Recovery
(Cooper)
5. Authorize Payment of $3,271.58 for the Buttrey’s Solvent Site Cost Recovery
(Cooper)
6. Approve Resolution No. 4140, Implementing Asbestos related information within the
Records of the City of Bozeman (Cooper)
7. Approve West Babcock Park (Aasheim Fields) Zoning Application #Z-08277, a Site
Plan Application to allow the Construction of a Concessions/Restrooms Facility (Epple)
8. Approve Resolution No. 4139, Sundance Business Park II Annexation #A-07005
(Riley)
9. Provisionally Adopt Ordinance No. 1756, Sundance Business Park II Zone Map
Amendment #Z-07208 (Riley)
0:11:46 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:12:00 Motion and vote to approve Consent items G. 1-9.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve consent items G. 1-9.
Those voting Aye being Crs. Bryson, Rupp, Becker and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
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0:12:45 H. Public Comment
Mayor Pro-tem Krauss opened public comment.
0:13:11 Brian Leland, Public Comment
0:16:59 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
Mr. Leland of 528 North Bozeman spoke regarding a two-year dispute with a neighbor regarding
his barking dogs. Mr. Leland stated that a request for prosecution has been issued by Officers
McLane and Lien that the City Attorney’s office refused to pursue. He would like the laws
enforced more stringently regarding noise issues.
0:17:07 I. Special Presentation - Fire Fighter Swearing in Ceremony (Mayor Pro-tem
Krauss)
Mayor Pro-tem Krauss swore in new firefighters Josh Charles, Lewis England and David
Hartman.
0:21:12 J. Action Items
0:21:28 1. Anne Anderson Kennel License Application (Lien)
0:21:54 Connie Lien, Animal Control
Ms. Lien presented the staff report and recommended the kennel application.
0:22:41 Public Comment
Mayor Pro-tem Krauss opened public comment.
0:23:06 Martha Drysdale, Public Comment
0:25:55 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
Ms. Drysdale of 1408 South Black spoke regarding her support for the kennel license
requirement Ordinance. She asked whether it is standard procedure for a kennel license to be
reviewed by the commission. She felt that the tenor of the article in the paper today regarding
kennel licenses was negative. She is not in opposition of this review at all as the paper had
seemed to presume.
0:26:19 Brit Fontenot, Assistant to City Manager
Mr. Fontenot responded to Ms. Drysdale's question by explaining that he is currently working on
revisions to the kennel license ordinance. Typically in the past, the commission has not heard
these applications, but the way the ordinance reads they should have. The revisions would make
it possible for the animal control officer to make a decision regarding kennel licenses with
appeals going before the City Commission. These revisions will be heard by the Commission
during next week's Commission meeting.
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0:27:29 Motion and Vote to approve the Anne Anderson Kennel License Application.
0:27:44 2. Martha Drysdale Kennel License Application (Lien)
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Anne Anderson Kennel
License Application.
Those voting Aye being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:27:53 Ms. Lien
Ms. Lien presented the staff report and recommended this approval.
0:28:58 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:29:04 Motion and Vote to approve the Martha Drysdale Kennel License application.
0:29:17 3. Lori Stratford Kennel License Application (Lien)
It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Drysdale kennel
license.
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:29:25 Ms. Lien
Ms. Lien gave the staff presentation and recommended the application with conditions that the
applicant keep the dogs quieted from 8 p.m. to 6 a.m. and at other times.
0:31:55 Public Comment
Mayor Pro-tem opened public comment.
0:32:07 Lori Stratford, Public Comment
Ms. Stratford is the applicant residing at 4425 W. Babcock Street. She pointed out that the
negative letter received by animal control regarding her dogs was not signed. She also has two
supportive letters from other neighbors. Two of the neighbors that share a fence with her also
have dogs and they all have an agreement to bring their dogs inside if they are all out at the same
time.
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0:34:33 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
0:34:40 Motion to approve the Lori Stratford kennel license application.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Lori Stratford kennel
license application with the condition that the dogs are kept quiet between the hours of 8
p.m. and 6 a.m.
0:36:15
Vote on the Motion to approve the Lori Stratford kennel license application with
the condition that the dogs are kept quiet between the hours of 8 p.m. and 6 a.m.
0:36:24 4. Gregory Peterson Kennel License Application (Lien)
Those voting Aye being Crs. Bryson, Rupp, Becker and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:36:30 Ms. Lien
Ms. Lien gave the staff presentation and recommended the approval of the application.
0:37:37 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
0:37:46 Motion and Vote to approve the Gregory Peterson Kennel License Application.
0:38:01 5. William Jameson Kennel License Application (Lien)
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Gregory Peterson
Kennel License Application.
Those voting Aye being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:38:07 Ms. Lien
Ms. Lien gave the staff presentation and recommended approval.
0:39:25 Public Comment
Mayor Pro-tem Krauss opened public comment.
No person commented.
Mayor Pro-tem Krauss closed public comment.
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0:39:32 Motion and vote to approve the William Jameson kennel license application.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve the William Jameson
kennel license application.
0:39:59 6. Walton Homestead Conditional Use Permit Application #Z-08273, Major
Modifications to a Planned Unit Development (Bristor)
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
0:40:14 Andy Epple, Director of Planning and Urban Development
Mr. Epple presented the staff report on behalf of Allyson Bristor.
0:49:01 Applicant, Kevin Cook
Mr. Cook with an office at 1276 North 15th presented the applicant report. He stated that a
banking facility would fit well within the development because it would provide further diversity
of services.
0:52:03 Public Comment
Mayor Pro-tem Krauss opened public comment.
0:52:20 Jim Screnar, Public Comment
0:56:19 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
Mr. Screnar of 951 North 15th Ave. representing himself and his wife spoke regarding how 15th
is a passageway for the High School parking lot creating a severe burden for this street. He has
spoken to law enforcement regarding speeding drivers and drivers not stopping at the pedestrian
cross-walks. Mr. Screnar said that law enforcement has stated that they do not have the ability to
patrol this area properly. He also feels that a traffic account is needed before this decision is
made because of the high traffic that already exists at the 15th and Oak traffic light. He also
brought up the problem in the winter when cars park on both sides of the street and the plows
have to go around them and the bicycle lane becomes non-existent due to snow build-up around
the cars.
0:57:12 Motion to approve the Walton Homestead Conditional Use Permit Application #Z-
08273, Major Modifications to a Planned Unit Development with the Conditions and Code
Provisions as outlined in the staff report.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Walton Homestead
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Conditional Use Permit Application #Z-08273, Major Modifications to a Planned Unit
Development with the Conditions and Code Provisions as outlined in the staff report.
0:57:34 Cr. Rupp
Cr. Rupp spoke regarding the possibility of increased traffic at Oak and 15th.
1:00:45 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss brought up the problem of patrolling the area in question in response to
the previous public comment.
1:01:31 Lieutenant Rich McLane
Mr. McLane explained that it is difficult to patrol that area during the times when the High
School lets out because it is the same time as other area schools let out. They do monitor it from
time to time.
1:02:08 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked Mr. McLane if it would be possible to patrol once a week at noon
or when they are coming to or leaving the school.
1:02:26 Mr. McLane
Mr. McLane stated that they do patrol periodically at those times and the more that this problem
is brought to his attention the more they realize it's a problem.
1:03:58 Mr. McLane
Mr. McLane stated that he can get that area into a cross-walk sting in the winter months.
1:16:54 Vote on the Motion to approve the Walton Homestead Conditional use Permit
application #Z-08273, major modifications to a planned unit development with the
conditions and code provisions outlined in the staff report.
1:17:47 Break
Those voting Aye being Crs. Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being Cr. Rupp.
The motion carried 3-1.
1:29:17 7. Provisional Adoption of Ordinance No. 1755, Amending Title 18 of the
Bozeman Municipal Code, Level of Service Zone Code Amendment #Z-08267 (Epple)
1:29:32 Mr. Epple
Mr. Epple gave the staff presentation.
1:38:21 Public Comment
Mayor Pro-tem Krauss opened public comment.
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No person commented.
Mayor Pro-tem Krauss closed public comment.
1:38:28 Motion to provisionally adopt Ordinance No. 1755, Amending Title 18 of the
Bozeman Municipal Code, Level of Service Zonce Code Amendment #Z-08267, and direct
staff to bring back for second reading and final adoption on January 20, 2009.
It was moved by Cr. Becker, seconded by Cr. Bryson to provisionally adopt Ordinance No.
1755, Amending Title 18 of the Bozeman Municipal Code, Level of Service Zonce Code
Amendment #Z-08267, and direct staff to bring back for second reading and final adoption
on January 20, 2009.
1:39:40 8. (Re)Appointments to the Recreation and Parks Advisory Board (Kissel)
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:39:55 Aimee Kissel, Deputy City Clerk
Ms. Kissel gave the staff presentation.
1:42:54 Motion to re-appoint Chris Guy and Adam Fruh to the Recreation and Parks
Advisory Board.
1:43:38
It was moved by Cr. Rupp, seconded by Cr. Becker to re-appoint Chris Guy and Adam
Fruh.
Those voting Aye being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
Motion to appoint Brenda Truman to the Recreation and Parks Advisory Board.
1:43:59
It was moved by Cr. Bryson, seconded by Cr. Rupp to appoint Brenda Truman to the
Recreation and Parks Advisory Board.
Those voting Aye being Crs. Bryson, Rupp, Becker and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
Motion to appoint Betty Stroock to the Recreation and Parks Advisory Board.
It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Betty Stroock to the
Recreation and Parks Advisory Board.
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1:44:29 Vote on the motion to appoint Betty Stroock to the Recreation and Parks Advisory
Board.
1:44:42
Those voting Aye being Crs. Rupp, Becker and Bryson.
Those voting No being Mayor Pro-tem Krauss.
The motion carried 3-1.
Motion to appoint Ada Montague to the Recreation and Parks Advisory Board.
1:45:01
It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Ada Montague to the
Recreation and Parks Advisory Board.
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
Motion to appoint Julie Zickovich to the Recreation and Parks Advisory Board.
1:45:58 Mayor Pro-tem Krauss
In discussing the final appointee Mayor Pro-tem Krauss brought up that he liked that Tawnya
Storm brought up the Dinosaur playground and has young children. He felt this was in contrast
to most applicants focus on trails.
It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Julie Zickovich to the
Recreation and Parks Advisory Board.
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:46:41 Motion to appoint Tawnya Storm to the Recreation and Parks Advisory Board.
It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Tawnya Storm to the
Recreation and Parks Advisory Board.
1:47:04 9. Appointment to the Tree Advisory Board (Kissel)
Those voting Aye being Crs. Bryson, Becker, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:47:19 Motion to appoint Rodney Walter to the Tree Advisory Board.
It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Rodney Walter to the Tree
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Advisory Board.
Those voting Aye being Crs. Rupp, Becker, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:47:37 10. (Re)Appointments to the Wetlands Review Board (Kissel)
1:47:44 Public Comment
Mayor Pro-tem Krauss opened public comment in regards to any advisory board appointments.
No person commented.
Mayor Pro-tem Krauss closed public comment.
1:48:10 11. (Re)Appointments to the Wetlands Review Board
1:48:18 Motion to re-appoint Lynn Bacon and Cyndi Crayton to the Wetlands Review
Board.
It was moved by Cr. Becker, seconded by Cr. Bryson to re-appoint Lynn Bacon and Cyndi
Crayton to the Wetlands Review Board.
1:48:31 11. (Re)Appointments to the Zoning Commission (Kissel)
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:48:47 Motion to re-appoint JP Pomnichowski and Nathan Minnick to the Zoning
Commission.
1:48:53 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked if we need to give any dispensation to the legislature regarding
Pomnichowski's appointment.
It was moved by Cr. Becker, seconded by Cr. Bryson to re-appoint JP Pomnichowski and
Nathan Minnick to the Zoning Commission.
1:49:00 Cr. Becker
Cr. Becker responded to Krauss's question by stating that the board does, not the commission.
Minnick is the President Pro-tem. Pomnichowski asked the board permission for an excused
absence for the duration of the legislative session.
1:49:30 Vote on the Motion to re-appoint JP Pomnichowski and Nathan Minnick to the
Zoning Commission.
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1:49:53 12. Public Transit Stakeholder's Advisory Board Interlocal Agreement
(Commission)
Those voting Aye being Crs. Becker, Bryson, Rupp and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:50:07 Cr. Bryson
Cr. Bryson explained that he asked for this item to be placed on the agenda as soon as possible
because the stakeholders are meeting tomorrow to ratify minutes whereby they passed a
resolution to dis-band. If the commission acts to withdraw from the Interlocal Agreement it
formally allows them to dis-band. Board members will assume positions that are available
through HRDC and Streamline and through various sub-boards to continue to create an Urban
Transportation District.
1:51:07 Public Comment
Mayor Pro-tem Krauss opened public comment.
1:51:17 David Kack, Public Comment
1:53:36 Public Comment closed.
Mayor Pro-tem Krauss closed public comment.
Mr. Kack, chairman of the Streamline Advisory Board and ex-officio member of the Public
Transportation Stakeholders Advisory Board said that when the board was formed they managed
a study of the feasibility to start an urban transportation district. What they are doing is
reconstituting the board to define set membership positions for the Bozeman City Commission,
County Commission and Belgrade to appoint positions. This streamlines the process and allows
people to have knowledge of operating the system. It can move out from the umbrella of HRDC
and have the knowledge to run an Urban Transportation District.
1:53:49 Cr. Rupp
Cr. Rupp excused himself from voting on this item.
1:54:02 Motion to withdraw from the Public Transit Stakeholder's Advisory Board
Interlocal Agreement within the time frames provided in the outlined Interlocal
Agreement.
It was moved by Cr. Bryson, seconded by Cr. Becker to withdraw from the Public Transit
Stakeholder's Advisory Board Interlocal Agreement within the time frames outlined in the
original Interlocal Agreement.
1:55:27
Vote on the motion to withdraw from the Public Transit Stakeholder's Advisory
Board Interlocal Agreement within the time frames provided in the outlined Interlocal
Agreement.
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1:55:41 K. FYI/Discussion
Those voting Aye being Crs. Bryson, Becker and Mayor Pro-tem Krauss.
Those voting No being none with Cr. Rupp abstaining.
The motion carried 3-0.
1:55:48 1. Reminder of the Policy Meeting on Thursday, January 8, 2009 (Kissel)
Ms. Kissel reminded everyone of the Policy Meeting on Thursday, January 8, 2009.
1:55:55 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss asked if the Mayor would be there and pointed out that two
commissioners would not be there so a quorum may not be present.
1:58:34 Motion and Vote to cancel the January 8th policy meeting and have a policy
meeting within a regularly scheduled commission meeting.
It was moved by Becker, seconded by Rupp to cancel the January 8th policy meeting and
have a policy meeting within a regularly scheduled commission meeting.
1:59:01 2. Update on the Orphan Share Fund (Rosenberry)
Anna Rosenberry, Finance Director spoke regarding a letter received by Chris Kukulski on
January 2nd from the Department of Environmental Quality regarding payment to the city on the
Orphan Share Funds before we get to the end of the project. They are willing to release to the
city a little over $800,000 pending deed restrictions and the item on consent pertaining to this
item.
Those voting Aye being Crs. Becker, Rupp, Bryson and Mayor Pro-tem Krauss.
Those voting No being none.
The motion carried 4-0.
1:59:28 Cr. Rupp
Cr. Rupp asked if that was 50% of the agreed upon amount and asked about interest.
1:59:39 Ms. Rosenberry
Ms. Rosenberry confirmed that the amount is 50% and that they are not honoring our request for
interest at this point.
1:59:57 3. Mandeville Industrial Tax Increment District (Rosenberry)
Ms. Rosenberry spoke regarding a notice from the Department of Revenue that they will approve
our Mandeville Industrial Tax Increment District for the coming year.
2:00:28 4. Enforcing Parking within Snow Routes (Krauss)
Mayor Pro-tem Krauss brought up a letter received today from Tom Greason regarding enforcing
parking laws within snow routes and the problems caused when cars become plowed in and are
not moved.
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2:01:10 Rich McLane
Lieutenant McLane explained the rules regarding ticketing and towing vehicles and the problem
they have with the extensive time and effort that can be taken up by this problem He spoke to
this concern saying that he would talk with his department and work on a plan to deal with this
issue on the snow routes and e-mail a response to the commissioners.
2:06:18 5. Contingencies for cutting expenditures for the last half of this fiscal year
(Mayor Pro-tem Krauss)
Mayor Pro-tem Krauss asked about preparing contingencies for cutting expenditures for the last
half of this fiscal year.
2:06:53 Ms. Rosenberry
Ms. Rosenberry stated that staff is working on a report in this regards and has this item scheduled
for the January 20th commission meeting.
2:07:04 Mayor Pro-tem Krauss
Mayor Pro-tem Krauss brought up concerns regarding the possibility of a revenue decrease due
to centrally assessed properties decreasing and commercial property that are based on net profit
decreasing. He brought up the idea of setting aside revenue for next year.
2:10:40 Cr. Rupp
Cr. Rupp also requested that the planning and building discussion that is linked into revenue be
placed on the same date.
2:10:56 Ms. Rosenberry
Ms. Rosenberry stated that we had that on the next week but we could try to get those
discussions together.
2:11:23 L. Adjournment
____________________________________
Jeff Krauss, Mayor Pro-tem
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
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