HomeMy WebLinkAboutOctober 6, October 20, November 3, November 17, MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 6, 2008 *****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main on Monday, October 6, 2008 at 6 p.m. Present were Mayor Kaaren
Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, Finance
Director/Acting City Manager Anna Rosenberry, Interim City Attorney Bob Planalp, Planning Director Andy Epple, and City Clerk Stacy Ulmen.
0:03:28 A. Call to Order - 6 p.m. - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Jacobson called the meeting to order at 6:01 p.m.
0:03:31 B. Pledge of Allegiance and a Moment of Silence
0:04:17 Changes to the Agenda
Mayor Jacobson asked Acting City Manager Anna Rosenberry if there were any changes to the
agenda.
0:04:23 Ms. Rosenberry
Ms. Rosenberry stated that there are no changes to the Agenda.
0:04:30 C. Minutes - August 8, 2008 Special Meeting
0:04:39 Motion and Vote
(to approve the minutes of August 8, 2008 Special Meeting as
submitted).
It was moved by Cr. Becker, seconded by Cr. Rupp (to approve the minutes of August 8,
2008 Special Meeting as submitted).
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:04:51 D. Consent
1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Public Access Easement for the Stockman Bank
Project (Heaston)
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3. Authorize City Manager to sign Public Access Easement for Larkspur
Condominiums (Stodola)
4. Authorize City Manager to sign Amendment No. 3, Professional Services
Agreement for Water Renovations Survey Project (Murray) 5. Approve Cr. Rupp as the Commission Liaison to the Northeast Urban
Renewal Board (Ulmen)
6. Approve the Building Report for August 2008 (Doerksen)
7. Approve Christie Fields Concessions/Restrooms Site Plan Application #Z-08211
with the Conditions and Code Provisions as outlined in the Staff Report (Riley) 8. Finally adopt Ordinance No. 1744, Establishing Procedures for Tax Abatement
for Historic Preservation (Saunders)
9. Finally adopt Ordinance No. 1748, Amending Chapter 2.96 Bozeman Senior
Citizens' Advisory Board of the Bozeman Municipal Code (Ulmen)
10. Finally adopt Ordinance No. 1751, Knolls at Hillcrest Zone Map Amendment #Z-08119 (Riley)
0:04:58 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:05:13 Motion and Vote to approve Consent Items D. 1-10.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items D. 1-10.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:05:29 E. Public Comment
Mayor Jacobson opened public comment.
0:05:49 Roger Stoltzfus, Public Comment
Mr. Stoltzfus 619 North Willson spoke regarding ice rinks and the Bogert Park pavilion. Under
the surface, it has become rough and broken up and it is uneven. One area is very low and this
creates some problems.
0:09:02 Mayor Jacobson
Mayor Jacobson stated that she will pass this information on to the Park and Recreation Director
and Superintendent.
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0:09:13 Mr. Stolzfus
Mr. Stolfus stated that he thought that there was a fund to take care of the ice rinks.
0:09:56 Brian Leeland, Public Comment
Mr. Leeland of 528 North Bozeman spoke regarding his letter to the editor regarding the jail.
0:12:21 Jeff Paul, Public Comment
Mr. Paul of 232 South Wallace spoke regarding the surface for the ice rink. It needs to be
redone. Spoke regarding the band shell and referred to the Parks Master Plan. Spoke regarding
the Red Light Cameras. He is opposed to them.
0:15:16 Public Comment closed.
Mayor Jacobson closed public comment.
0:15:30 F. Special Presentation - Vandalism and Graffiti Task Force Update (Chris
Naumann, Member of the Vandalism and Graffiti Task Force and Executive Director of
the Downtown Bozeman Partnership)
0:15:50 Chris Naumann, Member of the Vandalism and Graffiti Task Force and Executive
Director of the Downtown Bozeman Partnership
Mr. Naumann presented a special presentation regarding an update of the Vandalism and Graffiti
Task Force. This task force began to meet in May of 2008. He listed the members of the task
force. They adopted a mission statement and identified 5 objectives.
0:23:11 G. Action Items
0:23:17 1. Resolution No. 4128, Amending Appropriation Resolution No. 4121 for
Fiscal Year 2008-2009, opened and continued from September 15, 2008 (Rosenberry)
0:23:31 Anna Rosenberry, Finance Director
Ms. Rosenberry presented the staff report regarding Resolution No. 4128, Amending
Appropriation Resolution No. 4121 for Fiscal Year 2008-2009. This item was originally
discussed on September 15th. There are two proposed amendments which include $78,500 for
the Planning Funds Deficit, and $356,500 related to Leeds Certification costs pertaining to the
City Hall Remodel project.
0:24:32 James Goehrung, Superintendent of Facilities
Mr. Goehrung went over his staff memo regarding the Leeds certification. This includes
breakdown of the specific cost components related to the certification.
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0:26:46 Cr. Becker
Cr. Becker questioned the payback periods and asked about energy costs.
0:28:45 Cr. Bryson
Cr. Bryson spoke regarding the consulting fees.
0:30:13 Cr. Bryson
Cr. Bryson spoke regarding energy savings.
0:30:28 Mr. Goehrung
Mr. Goehrung spoke regarding reports that will need to be submitted to Leeds, and tracking
energy use.
0:31:05 Cr. Krauss
Cr. Krauss asked that the commissioning fee be explained.
0:31:11 Mr. Goehrung
Mr. Goehrung spoke regarding the commissioning fees and added that a firm will go through the
building when it is open for operation.
0:32:53 Mr. Goehrung
Mr. Goehrung stated that Leeds requires a commissioning agent.
0:34:36 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:34:49 Motion to approve Resolution No. 4128, Amending Appropriation Resolution No.
4121 for Fiscal Year 2008-2009.
It was moved by Cr. Bryson, seconded by Cr. Krauss to approve Resolution No. 4128,
Amending Appropriation Resolution No. 4121 for Fiscal Year 2008-2009.
0:35:30 Cr. Bryson
Cr. Bryson stated that not everything needs to be Leeds. We should always look at ways to
reduce energy.
0:36:43 Cr. Krauss
Cr. Krauss stated that there other green standards besides Leeds.
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0:38:25 Cr. Rupp
Cr. Rupp spoke regarding the 60/40 split to purchase the building.
0:39:14 Amendment to the Main Motion to apply the same percentage (60/40) to the
$325,548 costs related to the Leed Certification of the old library (following the same set up
that was used to purchase the building).
An Amendment was made by Cr. Rupp, seconded by Cr. Becker to amend the main motion
to apply the same percentage (60/40) to the $325,548 costs related to the Leed Certification
of the old library (following the same set up that was used to purchase the building).
0:40:57 Cr. Krauss
Cr. Krauss asked about the remodel costs and if they are being split 60/40.
0:41:15 Ms. Rosenberry
Ms. Rosenberry stated that none of the costs were planned to come from the solid waste fund.
0:43:33 Cr. Krauss
Cr. Krauss suggested that the City could sell the snow fill area if needed.
0:44:38 Cr. Rupp
Cr. Rupp reiterated that the purpose of the amendment.
0:45:23 Vote on the Amendment to the Main Motion to apply the same percentage (60/40)
to the $325,548 costs related to the Leed Certification of the old library (following the same
set up that was used to purchase the building).
Those voting Aye being Crs. Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion carried 4-1.
0:45:34 Vote on the Main Motion as Amended to approve Resolution No. 4128, Amending
Appropriation Resolution No. 4121 for Fiscal Year 2008-2009.
Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
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0:46:00 2. Resolution No. 4131, Annual Assessment for Business Improvement District
for Fiscal Year 2009 (Rosenberry)
0:46:09 Ms. Rosenberry
Ms. Rosenberry presented the staff report regarding Resolution No. 4131, Annual Assessment
for Business Improvement District for Fiscal Year 2009. This is a standard annual assessment.
0:47:00 Chris Naumann, Executive Director if the Downtown Bozeman Partnership
Mr. Naumann asked if there were any questions regarding the BID Work plan.
0:47:20 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:47:30 Motion and Vote to approve Resolution No. 4131, Annual Assessment for Business
Improvement District for Fiscal Year 2009.
It was moved by Cr. Krauss, seconded by Cr. Becker to approve Resolution No. 4131,
Annual Assessment for Business Improvement District for Fiscal Year 2009.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:48:01 3. Options for Bogert Band Shell (Dingman)
0:48:09 Ron Dingman. Director of Parks and Recreation
Mr. Dingman gave the staff presentation regarding Options for Bogert Band Shell. Mr. Dingman
presented a background of the band shell. This band shell was built in 1939. A band fund was
created in 1942. Mr. Dingman spoke regarding the current deficiencies at the band shell.
1:01:16 Mr. Dingman
Mr. Dingman stated that there is a group that is willing to take part in fundraising efforts.
1:03:35 Mayor Jacobson
Mayor Jacobson wondered if the new design included logs.
1:03:40 Mr. Dingman
Mr. Dingman spoke regarding the conceptual design.
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1:04:18 Mr. Dingman
Mr. Dingman spoke regarding moving the band shell.
1:05:12 Mayor Jacobson
Mayor Jacobson spoke regarding the current foundation.
1:05:19 Mr. Dingman
Mr. Dingman stated that there currently is a concrete foundation.
1:06:19 Mr. Dingman
Mr. Dingman explained that if the band shell was moved, it would be renovated.
1:07:33 Mr. Dingman
Mr. Dingman stated that he believed that there is currently $69,500 of monies available at this
time.
1:07:40 Ms. Rosenberry
Ms. Rosenberry stated that the monies were carried over to this fiscal year’s budget. There is
also $5,000 in the Parks Special Revenue fund.
1:10:02 Public Comment
Mayor Jacobson opened public comment.
1:10:20 Ms. McGee, Public Comment
Ms. McGee of 332 South Church stated that she runs the Bogert Farmers market. She spoke
with user groups who feel that the City needs to build something that more groups could utilize.
The sound goes up instead of out. The size of the stage is too small.
1:13:46 Public Comment closed
Mayor Jacobson closed public comment.
1:14:23 Mr. Epple
Mr. Epple explained that the Recreation and Parks Advisory Board is recommending that the
band shell be demolished and a new one be constructed south of the existing one. The Historic
Preservation Board is recommending renovation and rehabilitation in the current location and
possibly slightly moved.
1:18:03 Mayor Jacobson
Mayor Jacobson spoke regarding Historic Preservation funds.
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1:18:17 Mr. Epple
Mr. Epple stated that Historic Preservation funds are being explored.
1:18:28 Mayor Jacobson
Mayor Jacobson stated that she has researched some grants and the City is eligible.
1:20:41 Mr. Epple
Mr. Epple stated that some money would need to be put into the band shell to make it operational
for the next few years while fund raising is underway.
1:21:28 Cr. Bryson
Cr. Bryson spoke regarding the shortfall of the funds needed to renovate, demolish, or
reconstruct the band shell. The City should look at the least expensive proposal.
1:22:20 Cr. Rupp
Cr. Rupp stated that the original plan makes sense. Should look at the least expensive option,
possibly the original option to use the $60-$70,000 and build it where it is. However, he does
support moving it so it is more centrally located. He agrees with Cr. Bryson that the City should
look at the least expensive option.
1:22:59 Mayor Jacobson
Mayor Jacobson spoke regarding her concern of the current foundation.
1:24:36 Mayor Jacobson
Mayor Jacobson stated that it would be great to raise the $480,000 to build a new band shell but
is concerned with the way the economy is, this may be difficult.
1:24:55 Cr. Rupp
Cr. Rupp stated that City should stay with what we have.
1:25:09 Mayor Jacobson
Mayor Jacobson stated that she supports moving the band shell and putting it on a decent
foundation and renovating the structure.
1:26:01 Mayor Jacobson
Mayor Jacobson stated that she supports seeking grant funds.
1:26:05 Cr. Krauss
Cr. Krauss stated that we need to do immediate repair work on the facility. Spoke regarding
taking the structure back to its original state since it is a historical structure. He supports
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fundraising efforts that could be used for a new band shell elsewhere in the City or possibly take
the old band shell and move somewhere.
1:39:36 Cr. Krauss
Cr. Krauss spoke regarding the $69,500 he would like it moved from the General Fund into the
Band Account.
1:41:18 Cr. Krauss
Cr. Krauss stated he would like to see the band shell maintained and function the way it has been
functioning.
1:43:27 Cr. Becker
Cr. Becker stated that he supports the fundraising efforts. He would support moving the facility.
1:45:28 Break
1:56:28 4. 19th and Main Redevelopment/CVS Pharmacy Master Site Plan, Site Plan,
Certificate of Appropriateness, with Deviations Application 19th #Z-08206 (Krueger)
1:56:45 Brian Krueger, City Planner
Mr. Krueger presented the staff presentation regarding the 19th and Main Redevelopment/CVS
Pharmacy Master Site Plan, Site Plan, Certificate of Appropriateness, with Deviations
Application 19th #Z-08206. Staff is recommending approval with conditions and code provisions
listed in the staff report.
2:16:40 Cr. Rupp
Cr. Rupp spoke regarding the corner of 19th and Main.
2:18:30 Cr. Becker
Cr. Becker spoke regarding the size of the signage proposed.
2:21:43 Cr. Becker
Cr. Becker spoke regarding the lighting plan.
2:22:00 Mr. Krueger
Mr. Krueger stated that the lighting plan meet the standards.
2:22:41 Cr. Bryson
Cr. Bryson asked if a traffic study was done.
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2:22:46 Mr. Krueger
Mr. Krueger stated that there was a traffic study submitted with the application.
2:23:35 Dustin Johnson, Project Engineer
Mr. Johnson stated the City does not have any more right of way to expand the failing
intersection.
2:27:09 Cr. Bryson
Cr. Bryson spoke regarding MDT and signalized intersections.
2:28:05 Cr. Rupp
Cr. Rupp spoke regarding the phasing of the project.
2:29:48 Susan Kozub, Intrinsik Architecture
Ms. Kozub explained that she is the applicant representative. There are a few changes since the
informal presentation last spring including sidewalks on 19th which are proposed to be moved
closer to the buildings, improvements to landscaping, and the building facade. They would like
to eliminate condition number 16.
2:36:01 Public Comment
Mayor Jacobson opened public comment.
2:36:17 Ann Thoreson, Public Comment
Ms. Thoreson of 320 North 21st stated that she lives in the neighborhood close by and she is
concerned about the increase of traffic.
2:39:14 Public Comment closed
Mayor Jacobson closed public comment.
2:50:32 Mayor Jacobson
Mayor Jacobson spoke regarding Condition 16.
2:56:45 Motion to approve the 19th and Main redevelopment, CVS Pharmacy Master Site
Plan with the conditions and code provisions outlined in the staff report amending
condition 16 to read that the comprehensive signage plan shall state that all signage lights
shall be turned off 11 p.m., 6 a.m. or close of business, whichever is later and eliminate code
provision U.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the 19th and Main
redevelopment, CVS Pharmacy Master Site Plan with the conditions and code provisions
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outlined in the staff report amending condition 16 to read that the comprehensive signage
plan shall state that all signage lights shall be turned off 11 p.m., 6 a.m. or close of business,
whichever is later and eliminate code provision U.
3:01:49 Cr. Becker
Cr. Becker spoke regarding the traffic study.
3:04:06 Vote on the Motion to approve the 19th and Main redevelopment, CVS Pharmacy
Master Site Plan with the conditions and code provisions outlined in the staff report
amending condition 16 to read that the comprehensive signage plan shall state that all
signage lights shall be turned off 11 p.m., 6 a.m. or close of business, whichever is later and
eliminate code provision U.
Those voting Aye being Crs. Becker, Rupp, Bryson, and Krauss.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
3:04:19 Motion to approve the 19th and Main redevelopment, CVS Pharmacy Site Plan,
Certificate of Appropriateness, with Deviations Application #Z-08206 with the conditions
and code provisions outlined in the staff report changing condition 16, after turned off to
include 11 p.m.-6 a.m. or close of business whichever is later as per the last motion and
eliminate code provision U.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the 19th and Main
redevelopment, CVS Pharmacy Site Plan, Certificate of Appropriateness, with Deviations
Application #Z-08206 with the conditions and code provisions outlined in the staff report
changing condition 16, after turned off to include 11 p.m.-6 a.m. or close of business,
whichever is later (as per the last motion) and eliminate code provision U.
3:07:51 Vote on the Motion to approve the 19th and Main redevelopment, CVS Pharmacy
Site Plan, Certificate of Appropriateness, with Deviations Application #Z-08206 with the
conditions and code provisions outlined in the staff report changing condition 16, after
turned off to include 11 p.m., 6 a.m. or close of business whichever is later as per the last
motion and eliminate code provision U.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
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3:08:08 5. Babcock Meadows Lot 70 Minor Subdivision Preliminary Plat #P-08010
(Bristor)
3:08:21 Mr. Epple
Mr. Epple presented the staff report regarding the Babcock Meadows Lot 70 Minor Subdivision
Preliminary Plat #P-08010. Staff is recommending approval based on the Planning Board's
recommendation of conditional approval.
3:12:26 Brendan Henry, C & H Engineering and Surveying, Inc., Applicant Representative.
Mr. Henry of C & H Engineering presented the applicant's presentation.
3:13:19 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
3:13:30 Motion and Vote to conditionally approve the Lot 70 Babcock Meadows Minor
Subdivision #P-08010 based on the Planning Board's Recommendations of conditional
approval, with the conditions listed on Page 2.
It was moved by Cr. Rupp, seconded by Cr. Bryson to conditionally approve the Lot 70
Babcock Meadows Minor Subdivision #P-08010 based on the Planning Board's
Recommendations of conditional approval, with the conditions listed on Page 2.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
3:14:35 H. FYI/Discussion
3:14:39 1. Last meeting at Courthouse
Cr. Krauss spoke regarding the great partnership with the County for the use of the Community
Room over the last few years. The first televised meeting took place in the room.
3:15:52 2. October 13, 2008 Commission meeting
Ms. Ulmen stated that an executive session will take place at 6 p.m. and the regular meeting will
begin at 6:30 p.m.
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3:16:24 3. Acting City Manager
Police Chief Mark Tymrak will be the acting City Manager on October 9th and 10th. Ms.
Rosenberry will be at the League Conference in Missoula.
3:17:05 4. Cr. Bryson's daughter’s one year anniversary
Cr. Bryson stated that today is his daughter's one year anniversary. Happy Birthday!
3:17:27 5. Fox Business Channel regarding Economic Report
Mayor Jacobson stated that she was contact from the producer of the Fox business channel who
are considering featuring the City of Bozeman's Economy. If they chose Bozeman they would
want $19,700 because the airing would benefit the City. The Commission suggested contacting
other entities such as the Chamber to contribute funds. Mayor Jacobson asked if the Commission
would be interested in allocating funds. Cr. Krauss would like to see the contract.
3:22:01 6. Affordable Housing
Cr. Rupp stated that he was a meeting in White Sulphur Springs, and is proud that Bozeman is a
leader in taking the initiative in affordable housing as other Cities have not.
3:23:37 7. Jail Bond Forum
Mr. Fontenot reminded the Commission of the Jail Bond Forums coming up.
3:26:13 8. Charter Ethics Training
Cr. Krauss stated that the Charter requires that the Commission take part in Ethics training. This
has not taken place. Cr. Krauss suggested the Local Government Center at MSU. Cr. Bryson
suggested Chris Grey.
3:28:21 I. Adjournment
Mayor Jacobson adjourned the meeting at 9:36 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
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______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 20, 2008 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, October 20, 2008 at 5:30 p.m. Present were Mayor Kaaren Jacobson, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski,
Finance Director Anna Rosenberry, Interim City Attorney Bob Planalp, Planning Director Andy Epple, and City Clerk Stacy Ulmen.
A. Call to Order – 5:30 p.m. Commission Room-City Hall- 121 North Rouse
B. Executive Session - Litigation Strategy- 5:30-6 p.m.
This portion of the meeting was closed to the public to discuss litigation strategy.
0:03:06 C. Call to Order Regular Meeting- 6 p.m.
Mayor Jacobson called the meeting to order.
0:03:09 D. Pledge of Allegiance and a Moment of Silence
0:03:51 F. Changes to the Agenda
0:03:52 Mayor Jacobson
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:03:55 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the agenda.
0:04:00 E. Public Service Announcement – Ribbon Cutting and Open House at the New
City Hall (Goehrung)
0:04:18 Mr. Kukulski
Mr. Kukulski stated that the Ribbon Cutting and New City Hall Open House will be on Friday,
October 31, 2008 from 3-6 p.m.
0:05:10 G. Minutes – August 7, 2008 Policy Meeting and August 8, 2008 Joint City-
Town/County Meeting
0:05:22 Motion and Vote
to approve (the Minutes from the August 7, 2008 Policy Meeting
and the August 8, 2008 Joint City-Town/County Meeting as submitted).
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It was moved by Cr. Rupp, seconded by Cr. Becker to approve (the Minutes from the
August 7, 2008 Policy Meeting and the August 8, 2008 Joint City-Town/County Meeting as
submitted).
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
1. Authorize Payment of Claims (LaMeres)
The motion passed 5-0.
0:05:38 H. Consent
2. Authorize City Manager to sign the 2008 Sewer Rehabilitation Notice of Award
(Murray) 3. Authorize City Manager to sign the 2008 Bozeman Landfill Final Closure Notice of Award (Johnson)
4. Authorize City Manager to sign 2008 Sewer Rehabilitation Project Amendment
No. 1, Professional Services Agreement for Great West Engineering (Murray)
5. Authorize City Manager to sign a Professional Services Agreement for Fire Station #3 and 911 Communication Center Inspection Services with Gaston Engineering (Goehrung)
6. Authorize the Mayor to sign the Findings of Fact and Order for the
Preliminary Plat of the Lot 70 Babcock Meadows Minor Subdivision (Bristor)
7. Approve and Authorize the Mayor to Sign the Funding Agreement between The City of Bozeman and Northern Rocky Mountain Resource Conservation & Development Area (Rosenberry)
8. Approve Scheduling Appeal Hearing of Administrative Decision regarding West
Winds Planned Unit Development Phase 4, Proposed Road Alignment for Breeze
Way for November 17, 2008 (Epple) 9. Approve Resolution of Intent No. 4133, Closing a Portion of Alley in Block I, Original Townsite (Alley Adjacent to new City Hall) (Kerr)
10. Approve Beer and Wine License for Bar 3 Bar B-Q (Neibauer)
11. Approve Beer and Wine License for La Parilla Inc. (Neibauer)
0:05:44 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:05:58 Motion and Vote to approve items 1-11.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve items 1-11.
Those voting Aye Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
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Those voting No being none. The motion carried 5-0.
0:06:17 I. Public Comment
Mayor Jacobson opened public comment.
0:06:34 Susan Floerchinger, Public Comment
Ms. Floerchinger of 606 North 5th Avenue stated that she lives at Darlington Manner who
recently was issued a violation from the City for broken outlets. She lives in the apartments and
stated that there is the possibility of mold in common areas, old carpet and with the elderly this is
a health threat. She asked that the City contact the landlord regarding the condition of the
building.
0:08:47 Jeff Quinton, Public Comment
Mr. Quinton of 606 North 5th at Darlington Manor stated that he has a mold problem on his
ceiling.
0:09:51 Cr. Becker
Cr. Becker stated that he received a memo about this from the building inspector who went
through the building. The only code violations were the outlets.
0:10:53 Mr. Kukulski
Mr. Kukulski stated that a letter can be sent to the County Health Department.
0:12:24 Public Comment closed
Mayor Jacobson closed public comment.
0:12:32 J. Special Presentation – Award Announcement (Kukulski)
0:12:42 Mr. Kukulski
Mr. Kukulski reported that the City received a reward from Montana Municipal Insurance
Authorities for the lowest incurred dollar in Workers Compensation Program for 1st Class Cities.
0:14:17 K. Action Items
0:14:21 1. Potential Amendments to the City's Ethics Ordinance, opened and continued
from October 13, 2008 (Planalp)
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0:14:32 Bob Planalp, Interim City Attorney
Mr. Planalp stated that there were 4 items that were initially presented to the Commission. On
October 13th, the Commission acted upon 2 of them. The items left are regarding a 12 month
prohibition, and the disclosure of financial assets of liabilities form.
0:17:50 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:18:07 Cr. Becker
Cr. Becker stated that it appears that the Ordinance needs to be crafted to more like the states.
0:18:49 Cr. Krauss
Cr. Krauss spoke regarding the lobbyist statutes.
0:21:09 Cr. Bryson
Cr. Bryson spoke regarding perceived advantages.
0:22:45 Mayor Jacobson
Mayor Jacobson spoke regarding the state regulations.
0:34:39 Motion to direct staff to investigate the other issues that we brought up today and
the other Montana Statutes, with an eye towards identifying terms and time limits, and
making suggestions about how we can draft an ethics ordinance that addresses the issues
addressed in Montana statute.
It was moved by Cr. Krauss, seconded by Cr. Bryson to direct staff to investigate the other
issues that we brought up today and the other Montana Statutes, with an eye towards
identifying terms and time limits, and making suggestions about how we can draft an ethics
ordinance that addresses the issues addressed in Montana statute.
0:35:14 Cr. Krauss
Cr. Krauss asked that "advantage" and "personal benefit" be defined.
0:35:37 Vote on the Motion to direct staff to investigate the other issues that we brought up
today and the other Montana Statutes, with an eye towards identifying terms and time
limits, and making suggestions about how we can draft an ethics ordinance that addresses
the issues addressed in Montana statute.
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Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:35:50 Mr. Planalp
Mr. Planalp spoke regarding the financial statement form.
0:39:06 Cr. Bryson
Cr. Bryson spoke regarding the County policy.
0:43:32 Cr. Becker
Cr. Becker spoke regarding purchasing relationships.
0:47:55 Public Comment.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:48:08 Motion to direct staff to draft a yearly disclosure statement that would be signed
upon initial employment and thereafter annually by each public officer and public
employee that he or she has read a statement which would contain a layman summary of
each section of state law and that a written financial disclosure statement is required and
should identify economic relationships similar to elected state officials that they must
already disclose.
It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to draft a yearly
disclosure statement that would be signed upon initial employment and thereafter annually
by each public officer and public employee that he or she has read a statement which would
contain a layman summary of each section of state law and that a written financial
disclosure statement is required and should identify economic relationships similar to
elected state officials that they must already disclose.
0:49:55 Vote on the Motion to direct staff to draft a yearly disclosure statement that would
be signed upon initial employment and thereafter annually by each public officer and
public employee that he or she has read a statement which would contain a layman
summary of each section of state law and that a written financial disclosure statement is
required and should identify economic relationships similar to elected state officials that
they must already disclose.
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Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:50:08 Cr. Becker
Cr. Becker spoke regarding legal opinions.
0:51:33 Mr. Planalp
Mr. Planalp spoke regarding formal advisory opinions.
0:51:55 2. Fellowship Baptist Church Minor Subdivision Preliminary Plat #P-08007
(Skelton)
0:52:27 Dave Skelton, Associate Planner
Mr. Skelton presented the staff report for the Fellowship Baptist Church Minor Subdivision
Preliminary Plat #P-08007. Staff is recommending that the Commission conditionally approve
the application.
1:11:02 Bruce Bradford, Applicant Representative
Mr. Bradford presented the applicant presentation and explained that the church started 25 years
ago. It is landlocked and the only reason they are splitting the property, is due to economics.
They are planning to sell the second lot and use the funds to add on to the church. They are not a
developer of profit. They appreciate the City's consideration.
1:14:24 Public Comment
Mayor Jacobson opened public comment.
1:14:39 Jeremy Shay, Public Comment
Mr. Shay of 176 Blue Roan Lane spoke regarding the variance requested by the applicant. He
feels that there is ample access to the property.
1:18:12 Steve Vanwinkle, Public Comment
Mr. Vanwinkle of 152 Explorer Trail stated that he is the Pastor of the Church. They are
interested in paying for only half of the road. The road benefits others as well. They would like
the City to share the costs. In 1999 the Church gave an easement to the City.
1:22:30 Dan Camp, Public Comment
Mr. Camp stated that he has been working on the design of the new church facility. He spoke
regarding the design of the south 2/3rds of the property. It is strictly for access to the park and
whatever may happen on that end of the property.
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1:24:11 Public Comment closed
Mayor Jacobson closed public comment.
1:24:21 Mayor Jacobson
Mayor Jacobson clarified the Commission's action with another project for Hope Lutheran
similar to this application.
1:25:56 Cr. Krauss
Cr. Krauss spoke regarding his concern of wanting a road constructed along the park.
Connectivity and access to Rose Park is important.
1:34:26 Motion to approve Preliminary Plat #P-08007 for a 2 lot minor subdivision as
recommended in the Planning Board Resolution #P-08007.
It was moved by Cr. Rupp, seconded by Cr. Becker (then Cr. Krauss) to approve
Preliminary Plat #P-08007 for a 2 lot minor subdivision as recommended in the Planning
Board Resolution 08007.
1:34:45 Cr. Krauss
Cr. Krauss clarified that the statement in the motion "as conditioned by staff” denies the
variance.
1:34:58 Mr. Skelton
Mr. Skelton that Cr. Krauss’s statement is correct. Mr. Skelton spoke regarding phasing the street
connectivity.
1:42:05 Cr. Bryson
Cr. Bryson spoke regarding cost sharing.
1:43:00 Cr. Krauss
Cr. Krauss asked that the current motion be read.
1:43:07 Stacy Ulmen, City Clerk
Ms. Ulmen read the motion.
1:43:40 Cr. Becker
Cr. Becker stated he is interested in the City portion of right of way on the road.
1:45:34 Mayor Jacobson
Mayor Jacobson stated that North 25th is not eligible for impact fees.
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1:46:03 Mr. Murray
Mr. Murray explained that North 25th is ineligible for the Capital Improvement List. The
current policy is only for collectors.
1:49:28 Mr. Murray
Mr. Murray spoke regarding the easements that are in place.
1:51:02 Cr. Rupp
Cr. Rupp stated that it seems to make sense that there needs to be connectivity.
1:53:09 Mr. Saunders
Mr. Saunders explained that at this time the Planning Board and staff recommend that the street
be connected.
1:58:55 Motion to amend condition number 3 by adding the sentence: "Road construction
shall be concurrent with the development of each adjacent lot".
It was moved by Cr. Becker, seconded by Cr. Krauss to amend condition number 3 by
adding the sentence: "Road construction shall be concurrent with the development of each
adjacent lot".
2:02:29 Vote on the amendment to amend condition number 3 by adding the sentence:
"Road construction shall be concurrent with the development of each adjacent lot".
Those voting Aye being Crs. Becker, Krauss, Rupp, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 4-1.
2:05:40 Vote on the Motion to approve Preliminary Plat #P-08007 for a 2 lot minor
subdivision as recommended in the Planning Board Resolution 08007 as amended.
Those voting Aye being Crs. Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 4-1.
2:06:05 3. Fellowship Baptist Church Zone Map Amendment # Z-08075 (Skelton)
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2:06:11 Mr. Skelton
Mr. Skelton presented the staff report regarding the Fellowship Baptist Church Zone Map
Amendment # Z-08075. Staff is recommending that the ZMA be approved subject to the terms
and contingencies listed in the staff report.
2:10:18 Cr. Rupp
Cr. Rupp asked about the differences of the R-3 and R-4 units allowed.
2:11:00 Dennis Foreman, Gaston Engineering, Applicant representative
Mr. Foreman asked that the Commission allow for the zoning change so that the applicant can
pay for 25th.
2:11:19 Public Comment
Mayor Jacobson opened public comment.
2:11:27 Bruce Bradford, Public Comment
Mr. Bradford stated that the only reason that the church is selling the parcel is to generate income
to build the church.
2:11:47 Public Comment closed
Mayor Jacobson closed public comment.
2:11:56 Motion to approve the Fellowship Baptist Church Zone Map subject to the terms
and contingencies provided in the zoning Commission Resolution #Z-08075.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Fellowship Baptist
Church Zone Map subject to the terms and contingencies provided in the zoning
Commission Resolution #Z-08075.
2:13:40 Vote on the Motion to approve the Fellowship Baptist Church Zone Map subject to
the terms and contingencies provided in the zoning Commission Resolution #Z-08075.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:13:56 Break
2:25:24 4. The Knolls East and Highland South Major Subdivision Preliminary Plat
#P-07037, Tabled November 5, 2007 (Riley)
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2:25:38 Chris Saunders, Assistant City Planner
Mr. Saunders explained that this application has been in active review for a year. Staff is asking
that the Commission bring this item off the table and set a date for public hearing.
2:27:11 Cr. Krauss
Cr. Krauss stated that he would like to notify the neighborhood somehow.
2:29:28 Cr. Becker
Cr. Becker spoke regarding the statutory constraint.
2:31:22 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:31:34 Motion to bring the Knolls East Highland South Major Subdivision Preliminary
Plat #P-07037 off the table and schedule a public hearing for November 3, 2008.
It was moved by Cr. Krauss, seconded by Cr. Bryson to bring the Knolls East Highland
South Major Subdivision Preliminary Plat #P-07037 off the table and schedule a public
hearing for November 3, 2008.
2:31:59 Mr. Saunders
Mr. Saunders explained that this will be a continued public hearing.
2:44:44 Friendly Amendment to the Main Motion to get legal direction from the staff
attorneys and direct Brit Fontenot to notify the neighborhood that this item will be
considered again.
Cr. Krauss presented a friendly amendment to the main motion to get legal direction from
the staff attorneys, and direct Brit Fontenot (Neighborhood Coordinator) to notify the
neighborhood that this item will be considered again.
2:45:14 Second
2:45:32
to friendly amendment.
Cr. Bryson agreed to the friendly amendment.
Vote on the Main Motion to bring the Knolls East Highland South Major
Subdivision Preliminary Plat #P-07037 off the table and schedule a public hearing for
November 3, 2008 and the friendly amendment to the main motion to get legal direction
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from the staff attorneys and direct Brit Fontenot (Neighborhood Coordinator) to notify the
neighborhood that this item will be considered again.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:45:43 5. Building Inspection 1st Quarter Fiscal Year 2009 Update, July 1-Sept 30,
2008 (Kukulski/Rosenberry)
2:45:51 Chris Kukulski, City Manager
Mr. Kukulski stated that it was discussed during the budget process to report quarterly how the
building and planning departments are doing from a financial aspect. The building department
revenues were higher than anticipated for this quarter.
2:50:47 Cr. Bryson
Cr. Bryson spoke regarding adjusting staffing levels.
2:53:45 Cr. Rupp
Cr. Rupp spoke regarding spending the reserves.
2:55:53 Cr. Krauss
Cr. Krauss disclosed that he received an email regarding the building inspections. His concern is
efficiency.
3:00:44 Mr. Kukulski
Mr. Kukulski spoke regarding filling the Chief Building Official position.
3:02:28 L. FYI/Discussion
3:02:34 1. Formal Site Plan application for Town and Country Site on South 11th
Mr. Saunders explained that the formal site plan application for Town and Country site on South
11th has been received. There are some variance requests by the applicant and this application is
scheduled with the Board of Adjustment for November 20, 2008. The Commission has the
option to reclaim the project. The Commission agreed that they would like to reclaim the
project. This will be added to the agenda for next week.
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3:07:59 2. Public Comment received regarding property at Darlinton Manor.
There were three thumbs up to have Cr. Rupp work with staff to draft a letter to the folks who
allocate the tax credits to the Montana Department of Commerce and Board of Housing and
speak to how this project has deteriorated.
3:10:56 3. Cleanup of sticks, branches, and leaf collection
Ms. Arkell stated that a PSA could be scheduled for the next meeting regarding the City's policy
on clean up of sticks, branches, and leaf collection.
3:17:02 4. Meeting Schedule
Mr. Kukulski spoke regarding future Commission Meeting Schedules.
3:21:06 M. Adjournment
Mayor Jacobson adjourned the meeting at 9:25 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 3, 2008 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, November 3, 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, Planning Director Andy Epple, City Clerk Stacy Ulmen, and Deputy
City Clerk Aimee Kissel.
0:10:44 A. Call to Order- 6 p.m. Commission Room-City Hall-121 North Rouse
Mayor Jacobson called the meeting to order.
0:10:47 B. Pledge of Allegiance and a Moment of Silence
0:11:35 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:11:52 Mr. Kukulski
Mr. Kukulski stated that there were no changes to the agenda.
0:11:57 D. Public Service Announcement- City Offices closed Tuesday, November 4,
2008 for Election Day (Ulmen)
0:12:15 Stacy Ulmen, City Clerk
Ms. Ulmen explained that the City offices will be closed for Election Day.
0:13:05 E. Minutes- August 18, 2008
0:13:12 Motion and Vote to approve the Minutes from August 18, 2008.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve the Minutes from August
18, 2008.
Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
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0:13:33 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Amendment No. 1, Professional Services Agreement for Lyman Creek Reservoir Improvements Project (Murray) 3. Authorize City Manager to sign a Five Year License Agreement for the Use of
City Property with Alltel for a Cellular Antenna on the Kenyon Drive Water Tank
(Goehrung)
4. Adopt Resolution No. 4135, Amending Commission Resolution No. 4121 Appropriation Resolution for Fiscal Year 2008-2009, By Transferring Cash and Appropriation Authority for Bogert Bandshell Improvements (Rosenberry)
5. Approve Reclaiming the Final Approval of the Lindley House Rehabilitation and
Second Structure, and Set a Tentative Public Hearing Date of November 17, 2008
for Formal Consideration of the Project Proposal (Kramer)
0:13:40 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:13:51 Mayor Jacobson
Mayor Jacobson stated that Assistant City Attorney Tim Cooper suggested that item #5 be pulled
from the Consent agenda.
0:14:30 Motion and Vote to approve Consent items 1-4.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent items 1-4.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting no being none.
The motion passed 5-0.
0:14:57 Motion to reclaim the final approval of the Lindley House (Consent Item #5).
It was moved by Cr. Krauss, seconded by Cr. Rupp to reclaim the final approval of the
Lindley House (Consent Item #5).
0:15:38 Applicant's representative (Did not identify name)
The Applicant's representative stated that they would still like the Commission to reclaim the
project. The BOA has not taken and has postponed action on the application. The Applicant
would like it in front of a new group who may have a different perspective.
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0:16:35 Mayor Jacobson
Mayor Jacobson stated that the Commission set up the Board of Adjustment for a reason.
0:17:35 Mr. Epple
The BOA did conduct the public hearing as noticed and tabled the action for a month.
0:18:22 Cr. Bryson
Cr. Bryson asked about the appeal process.
0:18:39 Cr. Rupp
Cr. Rupp asked if the issue was related to deviations in the flood plain set back areas.
0:19:05 Mr. Epple
Mr. Epple explained the process with the BOA.
0:21:49 Mr. Cooper
Mr. Cooper explained the requirement in the City Code regarding reclaiming a project.
0:22:33 Cr. Krauss
Cr. Krauss stated that he believes that there is Community interest in this project.
0:25:48 Mayor Jacobson
Mayor Jacobson stated that she is not in favor of reclaiming the project.
0:27:29 Cr. Becker
Cr. Becker stated that he is struggling with the definition of Action.
0:29:18 Vote on the Motion to reclaim the final approval of the Lindley House (Consent
Item #5).
Those voting Aye being Crs. Krauss, Rupp, Becker, and Bryson.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
0:29:33 G. Public Comment
Mayor Jacobson opened public comment.
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0:29:59 David Cook, Public Comment
Mr. Cook informed the Commission and television viewers that there will soon be a start up of a
citizen based initiative to establish a park foundation for the City of Bozeman. A meeting will be
held November 10, 2008 at the Beal Center.
0:33:12 Public Comment closed
Mayor Jacobson closed public comment.
0:33:19 H. Action Items
0:33:24 1. Michael Harney Kennel License Application (Lien)
0:33:42 Connie Lein, Animal Control Officer
Ms. Lein explained that she received a kennel license for Michael Harney, investigated the
property, and sees no adverse effects. Some public testimony was received. She recommends
approval.
0:36:49 Ms. Lein
Ms. Lein that is appears to her that the site is acceptable and is comfortable.
0:38:35 Ms. Lein
Ms. Lein stated that the application is limited to the four dogs.
0:40:09 Cr. Becker
Cr. Becker spoke regarding the expiration of the application.
0:41:02 Mr. Harney, Applicant
Mr. Harney stated that his dogs are well behaved and they are hunting dogs. He is a responsible
pet owner and cleanup their yards.
0:44:58 Public Comment
Mayor Jacobson opened public comment.
0:45:18 Lazlo Torma, Public Comment
Mr. Torma of 1025 East Babcock stated that he objects to the kennel license because the
Harney's dogs are running around without leashes.
0:47:03 Beth Fabricius, Public Comment
Ms. Fabricius of 1014 East Babcock stated that she has never seen any problem. The dogs obey
voice command well. She supports the application.
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0:48:51 Andrew Pilskalns, Public Comment
Mr. Pilskalns of 1114 East Babcock stated that his biggest concern is making sure that the dogs
are kept quiet.
0:49:35 Public Comment closed.
Mayor Jacobson closed public comment.
0:50:06 Mr. Harney
Mr. Harney stated that they are responsible pet owners.
0:51:23 Motion to approve the Michael Harney Kennel License Application at 1026 East
Babcock Street inclusive of a 4 dog maximum.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Michael Harney Kennel
License Application at 1026 East Babcock Street inclusive of a 4 dog maximum.
0:51:42 Cr. Krauss
Cr. Krauss stated that he would like the dogs to not be off leash unless they are in their yard or
appropriate parks.
0:54:10 Amendment to the Main Motion to condition approval on the dogs not being
allowed off leash within the boundaries of the City other than the appropriate parks or
within their yards.
It was moved by Cr. Krauss, seconded by Cr. Bryson to amend the main motion to
condition approval on the dogs not being allowed off leash within the boundaries of the
City other than the appropriate parks or within their yards.
0:54:27 Cr. Becker
Cr. Becker stated that he is not sure if the Commission should condition obeying the law.
0:55:12 Cr. Rupp
Cr. Rupp stated that he supports the amendment because it is tied to the license.
0:57:36 Vote on the Amendment to the Main Motion to condition approval on the dogs not
being allowed off leash within the boundaries of the City other than the appropriate parks
or within their yards.
Those voting Aye being Crs. Krauss, Bryson, and Rupp.
Those voting No being Cr. Becker, and Mayor Jacobson.
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The motion passed 3-2.
0:59:45 Friendly Amendment to extend the permit through calendar year 2009.
Cr. Becker proposed a friendly amendment to extend the permit through calendar year
2009.
0:59:56 Friendly Amendment seconded.
Cr. Bryson and Cr. Rupp agreed to the friendly amendment.
1:03:28 Stacy Ulmen, City Clerk
Ms. Ulmen asked if the main motion included that the Commission agrees that the criteria of
section B have been met.
1:03:45 Cr. Bryson
Cr. Bryson stated yes.
1:04:01 Vote on the Main Motion as Amended o approve the Michael Harney Kennel
License Application at 1026 East Babcock Street inclusive of a 4 dog maximum and the
friendly amendment to extend the permit through calendar year 2009.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:04:19 2. The Knolls East and Highland South Major Subdivision Preliminary Plat
#P-07037, Tabled November 5, 2007 then Brought Back Off the Table on October 20, 2008
(Riley)
1:06:25 Doug Riley, Associate Planner
Mr. Riley presented an overview of the project. Staff is recommending that public comment be
taken on the new information.
1:20:32 Mr. Riley
Mr. Riley spoke regarding the conditions and changes that took place from the prior meeting.
1:28:23 Cr. Rupp
Cr. Rupp spoke regarding phase 1 of the project and the tunnel that connects to the park.
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1:29:39 Cr. Rupp
Cr. Rupp spoke regarding the subdivision variances.
1:29:50 Mr. Riley
Mr. Riley stated that the variances were acted upon separately.
1:30:47 Jason Leep, PC Development, Applicant Representative
Mr. Leep spoke regarding condition 5. They would like to add some language to have more
control over open space areas.
1:37:14 Mr. Leep
Mr. Leep spoke regarding homeowner associations, conditions #33 and #52.
1:45:27 Mr. Leep
Mr. Leep spoke regarding condition #53.
1:48:51 Mr. Leep
Mr. Leep spoke regarding condition #54.
1:51:24 Mr. Leep
Mr. Leep spoke regarding landscaping and conditions #55 and #56.
1:58:02 Public Comment
Mayor Jacobson opened public comment.
1:58:12 Neil Westesen, Public Comment
Mr. Westesen of 455 Starling Drive stated that he is the Chair of the Bridger Ski Foundation.
Mr. Westesen spoke regarding what the BSF offers the community. They need a dedicated home.
2:01:06 Public Comment closed
Mayor Jacobson closed public comment.
2:01:17 Mayor Jacobson
Mayor Jacobson stated that the main motion was taken off the table. She spoke regarding
pulling her second from the prior motion.
2:04:06 Gavel passed to Mayor Pro-Tem Krauss
Mayor Jacobson passed the gavel to Deputy Mayor Krauss.
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2:04:13 Second withdrawn regarding the motion "To approve the application with
conditions listed on pages 2-8 of the Planning Board Resolution and that we restore the
original condition number 5 as it was brought forward to the Planning Board before any
changes were made to it at the Planning Board" from November 5, 2007.
Cr. Pro-Tem Jacobson withdrew her second regarding the motion "To approve the
application with conditions listed on pages 2-8 of the Planning Board Resolution and that
we restore the original condition number 5 as it was brought forward to the Planning
Board before any changes were made to it at the Planning Board" from November 5, 2007.
2:10:12 Motion seconded "To approve the application with conditions listed on pages 2-8 of
the Planning Board Resolution and that we restore the original condition number 5 as it
was brought forward to the Planning Board before any changes were made to it at the
Planning Board" from November 5, 2007.
Cr. Rupp seconded the motion "To approve the application with conditions listed on pages
2-8 of the Planning Board Resolution and that we restore the original condition number 5
as it was brought forward to the Planning Board before any changes were made to it at the
Planning Board" from November 5, 2007.
2:11:19 Cr. Pro-Tem Jacobson
Cr. Pro-Tem Jacobson asked that the motion be read back.
2:12:56 Vote on the Motion "To approve the application with conditions listed on pages 2-8
of the Planning Board Resolution and that we restore the original condition number 5 as it
was brought forward to the Planning Board before any changes were made to it at the
Planning Board" from November 5, 2007.
Those voting Aye being Cr. Rupp.
Those voting No being Crs. Becker, Bryson, Jacobson, and Mayor Pro-Tem Krauss.
Those not present Cr. Kirchhoff.
The motion failed 1-4.
2:13:20 Mayor Pro-Tem Krauss
Mayor Pro-Tem Krauss handed the gavel back to Mayor Jacobson.
2:13:50 Cr. Rupp
Cr. Rupp stated that his motion not include a separate homeowners association.
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2:15:39 Cr. Rupp
Cr. Rupp spoke regarding overflow parking and double front lots.
2:16:18 Cr. Rupp
It will be his intent to delete condition #53.
2:17:08 Motion to approve the preliminary plat #P-07037, the resolution with the
conditions in the staff report of the new language for condition #5, the original language in
condition #19, the additional language in condition #33, to replace language of condition
#52 with italicized staff report language, to remove condition #53, leave conditions #54, #55,
and #56 in place and renumber appropriately.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the preliminary plat #P-
07037, the resolution with the conditions in the staff report of the new language for
condition #5, the original language in condition #19, the additional language in condition
#33, to replace language of condition #52 with italicized staff report language, to remove
condition #53, leave conditions #54, 55, and 56 in place and renumber appropriately.
2:18:17 Cr. Bryson
Cr. Bryson spoke regarding condition #54.
2:19:44 Amendment to the Main Motion to strike condition #54.
It was moved by Cr. Becker, seconded by Cr. Krauss to strike condition #54.
2:23:12 Vote on the Amendment to the Main Motion to strike condition #54.
Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion passed 4-1.
2:23:31 Amendment to the Main Motion to strike condition #56.
2:29:36
It was moved by Cr. Krauss, seconded by Cr. Bryson to strike condition #56.
2:23:41 Cr. Krauss
Cr. Krauss spoke regarding his reasoning behind striking condition #56. An affordable housing
plan has been passed. He is confident that the lots will sell.
Vote on the Amendment to the Main Motion to strike condition #56.
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10
Those voting Aye being Crs. Krauss, Bryson, and Becker.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
2:29:54 Amendment to the Main Motion that in #56 (replacing what was struck) before
phase 2 is approved that we receive a report either prior to or concurrent with the
application for phase 2 we receive a report on the affordable lot build out subject to
Commission approval.
It was moved by Cr. Krauss, seconded by Cr. Bryson that in #56 (replacing what was
struck) before phase 2 is approved that we receive a report either prior to or concurrent
with the application for phase 2, we receive a report on the affordable lot build out subject
to Commission approval.
2:32:20 Tim Cooper, Assistant City Attorney
Mr. Cooper explained that the Commission is approving the preliminary plat of all phases.
According to State Law, the conditions made cannot be changed between preliminary plat
approval and final plat approval.
2:35:50 Amendment withdrawn that in #56 (replacing what was struck) before phase 2 is
approved that we receive a report either prior to or concurrent with the application for
phase 2, we receive a report on the affordable lot build out subject to Commission
approval.
Cr. Krauss withdrew his amendment that in #56 (replacing what was struck) before phase
2 is approved that we receive a report either prior to or concurrent with the application for
phase 2, we receive a report on the affordable lot build out subject to Commission
approval.
2:39:41 Cr. Krauss
Cr. Krauss reiterated that he withdrew his motion. Cr. Krauss stated that he wanted to make sure
that the prior motion included the entire applicant language in condition #5.
2:41:09 Cr. Rupp
Cr. Rupp stated that his motion did include all of the applicant's response language.
2:41:43 Ms. Ulmen
Ms. Ulmen read the amendments and the main motion as amended back to the Commission.
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2:42:58 Vote on the Main Motion as Amended to approve the preliminary plat #P-07037,
the resolution with the conditions in the staff report of the new language for condition #5,
the original language in condition #19, the additional language in condition number #33, to
replace language of condition #52 with italicized staff report language, to remove condition
#53, leave conditions (#54 struck by a successful amendment) #55, and (#56 struck by an
amendment) in place and renumber appropriately.
Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion passed 4-1.
2:43:29 Break
2:59:28 3. Hastings Building B Certificate of Appropriateness with Deviation #Z-08244
(Skelton)
2:59:39 Dave Skelton, Associate Planner
Mr. Skelton presented the staff presentation regarding the Hastings Building B Certificate of
Appropriateness with Deviation #Z-08244. Mr. Skelton pointed out the proportion of the signs.
3:14:07 Mr. Skelton
Mr. Skelton explained that there is a new landowner for lot 4.
3:14:40 Lowell Springer, Springer Group Architects, Applicant Representative
Mr. Springer thanked Dave Skelton for his work on this. This effort for building B allows the
building to have proper signage and he feels this will help improve traffic in the area.
3:16:46 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
3:17:11 Cr. Becker
Cr. Becker spoke regarding the order the build out will take place.
3:18:05 Motion to approve the Hastings Building B Certificate of Appropriateness with
Deviation #Z-08244, with the Conditions and Code Provisions outlined in the Staff Report.
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It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Hastings Building B
Certificate of Appropriateness with Deviation #Z-08244, with the Conditions and Code
Provisions outlined in the Staff Report.
3:18:39 Mr. Epple
Mr. Epple spoke regarding deviations.
3:19:56 Cr. Bryson
Cr. Bryson spoke regarding the existing building facade.
3:22:53 Vote on the Motion to approve the Hastings Building B Certificate of
Appropriateness with Deviation #Z-08244, with the Conditions and Code Provisions
outlined in the Staff Report.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:23:05 4. Board of Adjustment Position (Kissel)
3:23:33 Motion and Vote to rescind David Wright's appointment.
It was moved by Cr. Krauss, seconded by Cr. Bryson to rescind David Wright's
appointment.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:23:59 Motion and Vote to appoint Cole Robertson to the Board of Adjustment.
It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Cole Robertson to the
Board of Adjustment.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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3:24:20 I. FYI/Discussion
3:24:32 1. Reminder of Policy Meeting on Thursday, November 6, 2008
(Kukulski/Ulmen)
Mr. Kukulski reminded the Commission of the policy session on Thursday, November 6, 2008.
The topic will be the Water Reclamation Facility financing. Packet information will come in the
next 48 hours.
3:26:30 2. Community Climate Action Plan
Mr. Kukulski stated that a grant application was made to a private foundation and an EPA grant
was also applied for. We are waiting to hear if we were successful in getting funding for the plan.
3:28:10 3. Rules of Procedure
Staff was asked to look into allowing laptop screens on the dais. Cr. Krauss would also like
lights at each spot at the dais.
3:32:04 4. Electronic City Manager Evaluation
Cr. Krauss asked that the City Manager Evaluation be sent electronically.
3:32:43 5. Preserve America Treasures sign
Mayor Jacobson explained that the City received a Preserve America Treasures sign.
3:33:54 J. Adjournment
Mayor Jacobson adjourned the meeting at 9:30 p.m.
____________________________________ Kaaren Jacobson, Mayor ATTEST:
______________________________________ Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________ Stacy Ulmen, City Clerk
Approved on ___________________________.
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1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 17, 2008 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, November 17, 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,
Interim City Attorney Bob Planalp, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Clerk Stacy Ulmen and Deputy City Clerk Aimee Kissel.
0:09:54 A. Call To Order - 6 p.m. - Commission Room, City Hall - 121 North Rouse
Mayor Jacobson called the meeting to order.
0:09:56 B. Pledge of Allegiance and a Moment of Silence
0:10:38 C. Changes to the Agenda
0:10:43 Chris Kukulski, City Manager Mr. Kukulski stated that he was not aware of any changes to the agenda.
0:10:48 D. Public Service Announcement
0:11:09 1. Advisory Board Expirations and Vacancies (Kissel)
0:11:10 Aimee Kissel, Deputy City Clerk
Ms. Kissel gave a presentation regarding expirations and vacancies on the Citizen Advisory
Boards.
0:15:18 2. City Offices will be closed on Thursday, November 27th and Friday,
November 28th, 2008 for the Thanksgiving Holiday (Ulmen)
0:15:38 Stacy Ulmen, City Clerk
Ms. Ulmen gave an announcement that City offices will be closed for the Thanksgiving Holiday.
0:16:12 E. Minutes- October 13, 2008
0:16:23 Motion and Vote
to approve the Minutes from October 13, 2008 as submitted.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes from October 13, 2008 as submitted.
Those voting Aye being Crs. Rupp, Becker. Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
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0:16:41 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the City Manager to sign the 2008 Water Treatment Plant Professional Services Agreement with HDR Engineering, Inc. (Murray)
3. Approve the Depository Bonds and Pledged Securities as of September 30, 2008
(Clark)
0:16:47 Public Comment Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:17:01 Motion to approve consent items 1-3.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items 1-3.
Those voting Aye being Crs. Becker, Krauss, Rupp, Bryson and Mayor Jacobson.
Those voting No being none.
Motion carried 5-0.
0:17:35 G. Public Comment
Mayor Jacobson opened public comment.
0:18:46 Al Jager, Public Comment
Mr. Jager with Greengrowth Consulting at 2614 Bozeman would like the Commission to open
the doors of Bozeman to active adult communities. He asked that these communities be
considered in the future of Bozeman.
0:21:17 Public Comment Closed
Mayor Jacobson closed public comment.
0:21:28 H. Action Items
0:21:29 1. West Winds Major Subdivision Phase 4 Administrative Project
Determination Appeal #C-08005 (Epple)
0:21:45 Andy Epple, Planning Director
Mr. Epple began the presentation regarding the West Winds Appeal and explained what is at issue.
0:32:38 John Dunlap, West Winds Applicant
Mr. Dunlap gave a presentation regarding the appeal.
0:42:55 Clint Litle, HKM Engineering
Clint continued the applicant’s presentation.
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0:49:09 Public Comment
Mayor Jacobson opened public comment.
0:49:23 Bob Biggerstaff, Public CommentMr. Biggerstaff of 555 Bushnell Road is a partner in Cascade Development and urged the
Commission to approve this appeal.
0:49:58 Lowell Springer, Public comment
Lowell Springer with Springer Group Architects at 3407 Augusta Drive thinks the issues are very clear. The master plan for this PUD was accepted and then without notice across the street some alignments were allowed to differ. The City was somewhat responsible for that and should
cooperate. The adjustment of the road in question is the biggest issue and since all along it was
intended to allow some variation in alignment it should be approved.
0:52:49 John Belshaw, Public Comment
Mr. Belshaw of 45 Gardner Park Drive said that after seeing the presentation he feels this street
alignment is common sense for what this quadrant of the development is for.
0:54:29 Public Comment closed Mayor Jacobson closed public comment.
0:54:31 Motion
to approve West Winds Phase IV Planned Unit Development Appeal
Application #C-08005.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve West Winds Phase IV Planned Unit Developmnent Appeal Application #C-08005.
0:54:58 Discussion
1:13:17 Amendment to the Main Motion
so that the affirmative vote only deals with the
Breeze way and how it is situated and must conform to local street standards and ASHTO standards.
It was moved by Cr. Rupp, seconded by Cr.Krauss to amend the main motion so that the affirmative vote only deals with the Breeze way and how it is situated and must conform to local city street standards in its section and ASHTO standards.
1:14:53 Mr. Epple
Mr. Epple stated that if the amendment passes, planning needs to talk to the applicants a little more about making more true T intersections for Breeze Lane.
1:16:56 Ms. Ulmen, City Clerk
Ms. Ulmen stated Cr. Rupp's amendment that the affirmative vote only deals with breeze way
and must confirm to local street standards and meets a minimum ASHTO standard and the appropriate City standard in the street section.
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1:28:59
Amendment to the Main Motion withdrawn.
Cr. Rupp withdrew his amendment to the main motion to amend the main motion so that
the affirmative vote only deals with the Breeze way and how it is situated and must conform to local city street standards in its section and ASHTO standards.
1:30:49 Amendment to the Main Motion
that the radius of curvature match ASHTO
standards and that the city street standards section is achieved.
It was moved by Cr. Becker, seconded by Cr. Bryson that the radius of the curvature match ASHTO standards and that the city street standards section is achieved.
1:31:34 Discussion
1:32:41 Vote on the Amendment to the Main Motion
that the radius of curvature match
ASHTO standards and that the city street standards section is achieved.
Those voting Aye being Crs. Becker, Bryson and Krauss.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion carried 3-2.
1:33:38 Ms. Ulmen
Ms. Ulmen stated the main motion on the floor as amended as to approve the West Winds Phase
IV Planned Unit Development Appeal#C-08005 with the amendment to include the radius and curvature match the ASHTO standard and city street standards and that it's achieved.
1:34:48 Vote on the Main Motion as Amended to approve the West Winds Phase IV
Planned Unit Development Appeal #C-08005 with the amendment to include that the
radius and curvature match ASHTO standard and that the city street standards section is
achieved.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none.
The motion carried 5-0.
1:35:29 2. Lindley House Rehabilitation and Second Structure Site Plan Certificate of Appropriateness with Deviations #Z08207 (Kramer) 1:35:41 Courtney Kramer, Associate Planner
Ms. Kramer the Assistant Planner for Historic Preservation gave the staff presentation.
1:48:19 Public Comment Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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1:48:33 Motion
to approve the Lindley House Rehabilitation and Second Structure Site
Plan Certificate of Appropriateness with Deviations #Z-08207 as conditioned by staff.
It was moved by Cr. Bryson and seconded by Cr. Krauss to approve the Lindley House Rehabilitation and Secondary Building Preliminary Site Plan Certificate of Appropriateness with Deviations #Z-08207 as conditioned by staff.
1:49:09 Discussion
2:12:17 Vote on the Main Motion
to approve the Lindley House Rehabilitation and Secondary Building Preliminary Site Plan Certificate of Appropriateness with Deviations #Z-08207 as conditioned by staff.
Those voting Aye being Crs. Bryson, Krauss and Becker. Those voting No being Cr. Rupp and Mayor Jacobson.
The motion carried 3-2.
2:12:39 3. Town & Country Campus Square Site Plan and Zoning Variance
Applications #Z-08237 & #C-08006 (Bristor) 2:13:30 Allyson Bristor, Associate Planner
Ms. Bristor gave the staff presentation. Staff recommends all variance requests and the site plan
development.
2:30:17 Leah Shute, Studio Architects
Ms. Shute representing the applicant gave a presentation.
2:31:00 Randy Wall, Stahly Engineering and Associates
Mr. Wall a representative for the applicant from Stahly Engineering at 7585 Shedhorn Drive provided a brief discussion regarding why the variance requests should be granted.
2:43:07 Jerry Perlinski, Majority Stakeholder in Town and Country
Mr. Perlinski of 15 Arnold would like to urge that these variances are granted.
2:44:28 Public Comment
Mayor Jacobson opened public comment.
She clarified that testimony would be taken on the entire application as a whole including the
variances.
2:45:19
Ms. Vanthull of 416 E Story was very disappointed that the Town and Country application at
Third and Kagy was not approved. She feels this new location is the second best choice. She
feels this location should be allowed and would have a good effect on the city and energy use.
Mary Vanthull, Public Comment
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2:47:48
Ms. Bark of 524 South 5th Avenue is a strong supporter of Town & Country on South 11th Ave.
They would like to be able to walk and bike to get groceries. Ms. Bark is an employee at MSU
and feels that employees and students can walk over to the grocery store from MSU. She would just encourage that Kagy get sidewalks making it possible to walk to the store.
Katie Bark, Public Comment
2:49:31 Brian Caldwell, Public Comment
Mr. Caldwell of 601 South Black is in favor of this application and is pleased to see that the City
planning and engineering staff is in favor of these variances.
2:51:36 Faye Baker, Public Comment
Ms. Baker of 1711 South 11th Avenue at the University Village apartments is opposed to this
application. She feels that the main concern is traffic and already has a hard time getting out of
her parking lot. She feels it will become a worse congestion area. She also is concerned about lighting, idling trucks at night and similar grocery store issues.
2:53:23 Keith Gillis, Public Comment
Mr. Gillis of 4422 Woyticull Circle, his company represents the project at 3rd and Kagy South
Town Square. He feels this area of town is underserved. He says he has polled many people regarding what they would like to see at this location. The number one response was a full
service grocery store. He says they are also putting in a wide variety of other services in the
building.
2:55:44 Dan Stahly, Public CommentMr. Stahly of 3017 Teslow Drive is a resident of the area and is excited about the prospect of a
full service grocery store in their neighborhood. His wife is an employee of MSU and is excited
about the idea of walking to the grocery store from work.
2:57:00 Luke Highsted, Public CommentMr. Highsted of 1711 South 11th Avenue, Apt. 621 of the University Village apartments is
concerned about the traffic that would be generated by the grocery store because he already has
difficulties getting out of the apartment driveway.
2:58:37 Taylor Lunsdale, Public CommentMr. Lunsdale of 611 South 14th Avenue feels this is a fantastic in-fill development.
2:59:11 Eric Boyd, Public Comment
Mr. Boyd of 434 Bear Canyon Lane is a manager at Town and Country Foods. He said as the
store manager he turns off the lights at 11 p.m. He also says new technology can help with light and sound issues. He feels they can be good neighbors.
3:00:57 Lowell Springer, Public Comment
Mr. Springer of 3204 Augusta Drive says he was originally involved in the Campus Square
building. He feels even though the site was extremely difficult, the building is still strong. He is delighted to see the re-use of the structurally sound building.
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3:03:08 Public Comment Closed
Mayor Jacobson closed public comment.
3:03:19 Motion
to approve the Town & Country Campus Square Zoning Variance application #C-08006.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Town & Country
Campus Square Zoning Variance application #C-08006.
3:03:44 Discussion
3:16:27 Vote
on the motion approving the Town & Country Campus Square Zoning
Variance application #C-08006.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none.
Motion carries 5-0.
3:16:43 Motion to approve the Town & Country Campus Square application #Z-08237.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Town & Country Campus Square application #Z-08237.
3:17:40 Vote
on the motion to approve the Town & Country Campus Square application #Z-08237.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
Motion passes 5-0.
3:18:03 Break
3:30:40 4. Swim Center Air Handler Replacement (Dingman)
3:30:55 Ron Dingman, Director of Parks and Recreation
Mr. Dingman began the presentation regarding the need for a swim center air handler.
3:34:32 Dan McCarthy, Swim Center
Mr. McCarthy gave further details regarding problems with the Swim Center air handler.
3:41:18 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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3:41:37 Motion
to direct staff to complete the design, engineering and bidding for a new air
handling unit for the Swim Center and bring back to the Commission the necessary budget
amendment.
It was moved by Cr. Becker, seconded by Cr. Krauss to direct staff to complete the design, engineering and bidding for a new air handling unit for the Swim Center and bring back to the Commission the necessary budget amendment.
3:41:57 Amendment to the Main Motion
to direct staff to complete the design, engineering and bidding for a new air handling unit for the Swim Center and direct City Manager to identify sources within this year's budget and come back with the necessary budget amendment.
It was moved by Cr. Krauss, seconded by Cr. Bryson to direct staff to complete the design, engineering and bidding for a new air handling unit for the Swim Center and direct City Manager to identify sources within this year's budget and come back with the necessary budget amendment.
3:42:30 Discussion 3:49:04 Vote on the Amendment to the Main Motion
to direct staff to complete the design,
engineering and bidding for a new air handling unit for the Swim Center and direct City
Manager to identify sources within this year's budget and come back with the necessary
budget amendment.
Those voting Aye being Crs. Krauss and Bryson. Those voting No being Crs. Rupp, Becker and Mayor Jacobson.
Motion failed 2-3.
3:50:07 Amendment on the Main Motion
that the City Manager identify the necessary
funding focusing on the 2009 budget yet including other revenue sources.
It was moved by Cr. Becker, seconded by Cr. Rupp that the City Manager identifies the
necessary funding focusing on the 2009 budget yet including other revenue sources.
3:50:31 Discussion
3:59:17 Vote on the Amendment to the Main Motion
that the City Manager identify the
necessary funding focusing on the 2009 budget yet including other revenue sources.
Those voting Aye being Cr. Becker, Cr. Rupp, and Mayor Jacobson. Those voting No being Cr. Krauss and Cr. Bryson.
Motion passes 3-2.
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3:59:32 Amendment to the Main Motion
to request that no amount of money be spent until
this Commission authorizes the specific money sources for both the engineer design and the
new air exchange unit.
It was moved by Cr. Becker, seconded by Cr. Krauss to request that no amount of money is spent until this commission authorizes the specific money sources for both the engineer design and the new air exchange unit.
4:03:40 Vote on the Amendment to the Main Motion
to request that no amount of money is spent until this commission authorizes the specific money sources for both the engineer design and the new air exchange unit.
Those voting Aye being Cr. Becker, Cr. Krauss, Cr. Bryson and Mayor Jacobson.
Those voting No being Cr. Rupp.
Motion passes 4-1.
4:03:54 Vote on the Main Motion as Amended
to direct staff to complete the design,
engineering and bidding for a new air handling unit for the Swim Center and that the City
Manager identify the necessary funding focusing on the 2009 budget yet including other revenue sources and to request that no amount of money is spent until this commission authorizes the specific money sources for both the engineer design and the new air exchange unit.
Those voting Aye being Cr. Becker, Cr. Krauss, Cr. Rupp and Mayor Jacobson. Those voting No being Cr. Bryson.
Motion passes 4-1.
4:04:10 Mayor Jacobson
Mayor Jacobson suspended the rules.
4:04:55 Cr. Rupp
Cr. Rupp needed to leave the meeting to drive to Helena for an early morning meeting. He stated
he did not have any disagreements regarding the final agenda items for the evening.
4:05:32 5. Resolution No. 4136, West Winds Phase 5 Special Improvement Lighting
District #708 (Rosenberry)
4:05:33 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation.
4:06:34 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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4:06:49 Motion and Vote
to adopt Commission Resolution No. 4136, Special Improvement
Lighting District #708 for the West Winds Subdivision Phase 5.
It was moved by Cr. Krauss, seconded by Cr. Bryson to adopt Commission Resolution No. 4136, Special Improvement Lighting District #708 for the West Winds Subdivision Phase 5.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
4:07:16 6. Disposition of Public Property/Portion of Amended Plat, Lot 70 Babcock
Meadows Subdivision Phase 2A and Open Space Phase 2B, located at the Southwest
Corner of West Babcock Street and Donna Avenue (Arkell)
4:07:37 Debbie Arkell, Director of Public Service
Ms. Arkell gave the staff presentation.
4:13:04 Public Comment
Mayor Jacobson opened public comment. No person commented.
Mayor Jacobson closed public comment.
4:13:15 Motion and Vote
to designate property owned by the city described as a portion of
Amended Plat, Lot 70 Babcock Meadows Subdivision Phase 2A and Open Space Phase 2B, located at the Southwest Corner of West Babcock Street and Donna Avenue as no longer needed and direct staff in the negotiated sale of said property.
It was moved by Cr. Bryson, seconded by Cr. Becker to designate property owned by the
city described as a portion of Amended Plat, Lot 70 Babcock Meadows Subdivision Phase 2A and Open Space Phase 2B, located at the Southwest Corner of West Babcock Street and Donna Avenue as no longer needed and direct staff in the negotiated sale of said property.
Those voting Aye being Crs.Bryson, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
Motion passed 4-0.
4:14:01 I. FYI/Discussion
4:14:06 1. FYI - Discussion regarding cancelling November 24, 2008 Commission Meeting. Mayor Jacobson spoke regarding the lack of agenda items for the Commission meeting
November 24, 2008 and said that she did not think the Commission needed to meet.
4:14:16 Mr. Epple Mr. Epple spoke regarding the developers of West Winds desperate need to get their Phase IV development finally platted before December 1st for a pending sale to go forward. Mr. Epple
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requested that the Commission does not cancel next week’s meeting if all of the paperwork can
be submitted by the developer and reviewed by city staff in time.
4:19:04 2. FYI regarding a request for proposal for the Old City Hall. Mr. Kukulski spoke regarding a request for proposal for the Old City Hall.
4:20:08 3. FYI/Discussion regarding hosting the Joint City-County meeting this Friday.
Ms. Ulmen reminded everyone that we are hosting the Joint City-County meeting this Friday and
asked if there were additional agenda items that the Commissioners would like to add.
4:21:06 J. Adjournment
Mayor Jacobson adjourned the meeting at 10:17 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
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LINKED MINUTES OF THE JOINT CITY/COUNTY COMMISSION MEETING
BOZEMAN, MONTANA
November 21, 2008
*****************************
The Commission of the City of Bozeman met in a Joint Roundtable Discussion at the City Hall Commission Room, 121 North Rouse on Friday, November 21, 2008 at 7:00 a.m. Present were
Mayor Jacobson, Cr. Becker, Cr. Bryson, Cr. Rupp, and Cr. Krauss, City Manager Chris
Kukulski, County Cr. Bill Murdock, County Cr. Joe Skinner, County Cr. Steve White, and City
Clerk Stacy Ulmen.
0:09:52 A. Call to order
Mayor Jacobson called the meeting to order at 7 a.m.
0:10:05 B. Presentation of Plaque Recognizing Joint City-County Collaboration
Mayor Jacobson presented a plaque to the County Commissioners recognizing joint City-County
Collaboration for the use of the County Meeting room over the last few years.
0:11:14 C. Recognition of Joint City-County Collaboration for the 911 Center
Mayor Jacobson recognized the Joint City-County Collaboration for the 911 Center.
0:11:38 1) Possible Police station location on the L& J site.
0:14:00 County Commissioner Bill Murdock
Cr. Murdock stated that he wants to make sure that criteria is set and that it must be set for the
users of the L & J Center. It has to flow well. If Bozeman Police Department is to be there, it
has to work well architecturally. He spoke regarding the jail and future expansion of courts and
participation in a homeowners association.
0:16:08 County Commissioner Joe Skinner
Mr. Skinner stated that he is not opposed to selling the southwest corner. The City and County
would need to agree on a master plan. He wants easements and access to Gunther. There needs
to be design criteria. He is not opposed to selling all 5 acres. Need to agree on parking and
roads.
0:17:40 County Commission Steve White
Cr. White stated that we have a master plan for the site. The Sherriff has been on board with the
master plan. Moving the Police Department to the southwest corner disrupts the master plan. He
is in favor of a 2 acre purchase and a 3 acre lease. It is Important to have smooth flow and
design of the area. He is not in favor of the southwest corner.
0:21:05 Earl Mathers, County Administrator
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Mr. Mathers stated that the City and County have worked together well in the past. This is
important to the public. The County is in the process of getting an appraisal done for the
southwest corner. The reaction of appraiser is that there may not be a full 5 acres at the
southwest corner due to setbacks. Not sure what is available there. To him it makes sense from
fiduciary standpoint to consider a lease purchase. Access to Gunther is a critical issue for the
County. Flow is the overriding issue.
0:23:46 Larry Watson, County Grants Administrator
Mr. Watson stated that there are buildings in the middle of the site. Requirements to move the
DUI process center, all play into building a new jail. The northwest corner will be staged for
subcontractors. We are losing parking in different areas for this time, need to use southwest
corner. Spoke regarding how the site is accessed.
0:27:12 Mayor Jacobson
Mayor Jacobson asked if the northwest corner is defiantly 5 acres.
0:27:30 Cr. White
Cr. White state yes and referred to a handout pointing out the area.
0:28:01 Cr. Rupp
Cr. Rupp asked that the County further explain the 2 acre purchase with a 3 acre lease option that
they suggested.
0:28:10 Cr. White
The 2 acres would be for secured parking to the north of the building and lease the other 3.
0:29:12 Cr. Bryson
Cr. Bryson stated that the drawing show that we are not sharing common walls. Looking at the
Police Department, access is more important than the Sheriff’s department. There are two
different time frames regarding the northwest and southwest corner. Timing is an essential issue.
Is there any consideration that we swap places with the sheriffs’ department?
0:30:54 Cr. White
Cr. White spoke regarding location of the sheriffs’ area.
0:32:01 Cr. Bryson
Is there any process in place for access on the north side of the property?
0:32:10 Cr. Murdock
Cr. Murdock is skeptical of access.
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0:32:33 Cr. White
Cr. White stated that the master plan was an early master plan. He spoke regarding a campus
environment.
0:35:56 Chris Kukulski, City Manager
Mr. Kukulski stated that the City was not involved much with the master plan for the site. What
are the conditions to make the site work for everybody?
0:38:54 Cr. Murdock
Cr. Murdock asked the City how they would like to proceed. He suggested a meeting with Mr.
Kukulski, Mr. Mathers and that they sit down with the architect.
0:39:55 Mr. Mathers
Mr. Mathers suggested that the Judges be included in the dialog. Their involvement is important.
They need to be supportive and they may have valuable input.
0:40:54 Mark Tymrak, Police Chief
Mr. Tymrak stated that the Police Department has committed that the exchange to the southwest
corner can work. He concurs with the County Commissioners that there may be a problem, but
we can work together. The biggest issue on the northwest corner is timelines. A decision needs
to be made on site. He was tasked with finding other options. The West Lake attorney is willing
to negotiate with City. We have an appraisal from the West Lake and the northwest corner.
Access is the biggest issue on the northwest corner.
0:45:00 Cr. Rupp
Cr. Rupp stated that he is not interested in looking at any other land than partnering with County.
He is appreciative of the fact that the land that the police and court system wanted is available.
He is not sure if we can afford it or what voters will do. We need to get the land taken care of
first.
0:46:31 Cr. Krauss
Cr. Krauss stated that there is no room for us right now anyway at the site. He supported the jail,
not the master plan. We need to build the jail. Working together means the County needs to
come up with what they can sell us. We need to look at the economic status. He is not sure that it
is accurate to co-locate. Cooperation is necessary.
0:55:34 Mayor Jacobson
Mayor Jacobson stated that we need to move ahead with the meeting appropriate stakeholders.
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0:56:38 Chief Mark Tymrak
Chief Tymrak stated that he would like an action plan.
1:02:37 Cr. Skinner
Cr. Skinner stated that he likes the idea of a meeting and should start on a clean slate.
1:04:01 Cr. Murdock
Cr. Murdock spoke regarding the Gunther building.
1:06:24 2) Other Areas of Concern
1:06:28 Jail Bond issue
Cr. Murdock thanked the City for the help with the Jail bond.
1:07:14 D. Adjourned
Mayor Jacobson adjourned the meeting at 8:08 a.m.
____________________________________
Kaaren Jacobson, Mayor ATTEST:
______________________________________ Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
58
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 24, 2008 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, November 24, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Eric
Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Interim City Attorney Bob
Planalp, Finance Director Anna Rosenberry, Planning Director Andy Epple, and Deputy City Clerk Aimee Kissel.
0:00:48 A. Call to Order 6 p.m. - Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:01 p.m.
0:00:49 B. Pledge of Allegiance and a Moment of Silence
0:01:31 1. City Offices will be closed on Thursday, November 27 and Friday, November
28, 2008 for the Thanksgiving Holiday (Kissel)
0:01:32 Aimee Kissel, Deputy City Clerk
Ms. Kissel announced that city offices will be closed for the Thanksgiving Holiday.
0:01:45 2. Mountain Pine Beatle (Stover)
0:01:45 Ryan Stover, Forestry Foreman
Mr. Stover gave a staff presentation regarding the Mountain Pine Beetle problem.
0:12:46 D. Authorize Absence of Cr. Becker
0:13:00 Motion and Vote to authorize the absence of Cr. Becker
It was moved by Cr. Rupp, seconded by Cr. Krauss to authorize the absence of Cr. Becker.
0:13:19 E. Minutes- September 2, 2008, September 4, 2008 Policy Meeting, and
September 8, 2008.
Those voting Aye being Crs. Rupp, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
0:13:30 Motion and Vote approving the minutes of September 2, 2008, the September 4,
2008 Policy Meeting, and September 8, 2008 as submitted.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the minutes of September
2, 2008, the September 4, 2008 Policy Meeting, and September 8, 2008 as submitted.
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Those voting Aye being Crs. Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
Motion carried 4-0.
0:13:45 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve the Final Plat for West Winds Subdivision Phase 5 #P-08013 and Authorize the Director of Public Service to Execute the Same on Behalf of the
City of Bozeman (Krueger)
3. Approve the Final Plat for Lot 70, Babcock Meadows #P-08014 and Authorize the
Director of Public Service to Execute the Same on Behalf of the City of Bozeman
(Bristor) 4. Approve a One Year Extension for Meadow Creek Subdivision Preliminary Plat
Approval #P-05053 with the Contingencies listed by the Planning Office
(Skelton)
5. Approve and Authorize Publishing a Request for Proposal for Contracting of
Realty Services for the Sale of the Old City Hall Lots and Facility Located at 411 East Main Street (Fontenot)
6. Award Bid for the Lease of One New 2008/2009 Street Sweeper to Western Plains
and Machinery of Billings (VanDelinder)
0:13:56 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:14:03 Motion to approve consent items F. 1-6.
It was moved by Cr. Bryson to approve consent items F. 1-6.
0:14:19
Cr. Bryson removed his motion at the request of Cr. Rupp.
0:14:33
Motion to approve consent items F. 1, 3, 4, 5 and 6.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve consent items F. 1,3,4,5 and
6.
Those voting Aye being Cr. Rupp, Cr, Krauss, Cr. Bryson and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
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0:14:52 H. Action Items
0:14:59 Consent Item 2. Approve the Final Plat for West Winds Subdivision Phase 5 #P-
08013 and Authorize the Director of Public Service to Execute the Same on Behalf of the
City of Bozeman (Krueger)
0:21:44 Motion to approve the Final Plat for West Winds Subdivision Phase 5 #P-08013
and Authorize the Director of Public Service to Execute the Same on Behalf of the City of
Bozeman.
0:22:15 G. Public Comment
Mayor Jacobson opened public comment.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the Final Plat for West
Winds Subdivision Phase 5 #P-08013 and Authorize the Director of Public Service to
Execute the Same on Behalf of the City of Bozeman.
Those voting Aye being Crs. Krauss, Bryson and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion carried 3-1.
0:22:38 Bob Chase, Public Comment
0:25:35 Mayor Jacobson
Mayor Jacobson responded to Mr. Chase's questions and informed him that the bids for interior
renovation of the Story Mansion will be opened on December 3rd and the discussion regarding
the bids is tentatively scheduled for the December 8th commission meeting. She also stated that
she could not discuss anything regarding the Delaney case because it is in the courts.
Mr. Chase of 433 South Black Ave. would like to know the date of the discussion on the Story
Mansion. He is also wondering where the money will come from for work on the Story
Mansion. He also brought up the Delaney lawsuit and asked whether the City will be able to pay
for the law suit. He feels the public should be able to have a say in what happens to the Story
Mansion.
0:27:09 Public Comment Closed
Mayor Jacobson closed public comment.
0:27:22 H. Action Items
0:27:25 1. Swim Center Air Handler Funding Recommendations
(Kukulski/Rosenberry)
0:27:30 Chris Kukulski, City Manager
Mr. Kukulski began the staff presentation.
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0:37:44 Public Comment
Mayor Jacobson opened public comment.
0:38:00 Bob Chase, Public Comment
0:38:58 Public Comment Closed
Mayor Jacobson closed public comment.
Mr. Chase of 433 South Black Ave. said he agreed that we need to replace the Swim Center Air
Handler but he felt this was just another example of cutting back on park funds to invest in real
estate - the Story Mansion. He would like to know where the money is going to come from for
the Story Mansion.
0:39:04 Motion to approve the City Manager's recommendation to fund the design
engineering, purchase and installation of the replacement of the Swim Center Air Handler
Unit as outlined in the Commission Memorandum.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve the City Manager's
recommendation to fund the design engineering, purchase and installation of the
replacement of the Swim Center Air Handler Unit as outlined in the Commission
Memorandum.
Those voting Aye being Crs. Rupp, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
0:40:34 I. FYI/Discussion
0:40:47 1. Upcoming Agenda items
Mayor Jacobson per Cr. Rupp's request spoke regarding what is on the upcoming Commission
agendas.
0:43:08 2. Municipal Court Facility Needs
Cr. Bryson spoke regarding wanting a discussion to take place regarding the Municipal Court
needs. He would like to know what the status is regarding what options they were evaluating
including using the Old City Hall. He would like to get the Judge and City staff involved in a
discussion.
0:43:31 Mr. Kukulski
Mr. Kukulski said that he and Ms. Rosenberry had been discussing this issue at their monthly
meeting and James Goehrung is doing some investigative work in a couple of locations that the
judge identified as having some potential and saw some preliminary numbers but numbers that
were too scary to think that renovating the old city hall would be something to do for a short
term solution. He spoke regarding placing this item on an upcoming agenda.
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0:44:17 3. Request for Proposal Selection Process for Old City Hall
Brit Fontenot, Assistant to the City Manager asked Cr. Krauss if he would still wish to sit on the
committee to select a realtor for the sale of the Old City Hall.
0:44:55 Cr. Krauss
Cr. Krauss indicated that he would be willing to be on the committee to select a realtor for the
old city hall building.
0:45:17 4. Moving Land to Park Lands
Cr. Rupp asked where we are in regards to moving lands into park lands. He also asked about
the Mandeville Farm site.
0:45:51 Mr. Kukulski
Mr. Kukulski stated that the Mandeville Farm Site will come before the Commission in
December for a preliminary plat review. He also spoke with the Library Director about last
week's Library Board meeting and the decision by that board to want to turn over an acre of land
in the Pete's Hill parking lot to the City in return for the park's cash-in-lieu funds that were spent
on the Library.
0:46:56 Cr. Rupp
Cr. Rupp would like to have some time in the future to discuss the land owned by the City and fit
them into an overall plan.
0:48:01 Mr. Kukulski
Mr. Kukulski stated that staff has planned a policy meeting in January for a discussion regarding
land.
0:48:23 Mayor Jacobson
Mayor Jacobson requested a map showing where these lands are.
0:49:44 5. Meadow Gold Dairy Meeting
Mr. Kukulski, Engineering, Chuck Winn and Tom Adams met with Meadow Gold Dairy and had
a good meeting. Mr. Kukulski feels everyone is working hard in the same direction. City staff
had to make it clear there are standards that need to be met for discharge from that facility in our
system. We are supportive of them as an employer and investor in our community yet they need
to recognize that we are investing some $50 million in the next phase to properly take care of
waste water. They need to be a strong partner. The current plant manager is working well with
us but there are still things that need to be done to get them working in a way that is most
effective for us. We will continue to work with Meadow Gold Dairy.
0:51:49 J. Adjournment
Mayor Jacobson adjourned the meeting at 6:53 p.m.
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____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
64
LINKED POLICY MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 4, 2008 *****************************
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, November 24, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Eric
Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Interim City Attorney Bob
Planalp, Finance Director Anna Rosenberry, Planning Director Andy Epple, and Deputy City Clerk Aimee Kissel.
0:00:18 A. Call to Order Noon to 1:30 p.m. - City Commission Meeting Room, City
Hall, 121 North Rouse
Deputy Mayor Krauss called the meeting to order at 12:13 p.m.
0:00:20 B. Pledge of Allegiance and Moment of Silence
0:00:54 C. Public Comment
Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss
closed public comment.
0:01:16 D. Round Table Discussion (Identifying potential future agenda items arising
from the prior City Commission Meeting)
0:01:29 Cr. Rupp
Cr. Rupp asked what is currently on the calendar for the next policy meeting schedule.
0:01:52 Chris Kukulski, City Manager
Mr. Kukulski stated that the next policy meeting on January 8th, 2009 will be about land issues.
0:02:14 Aimee Kissel, Deputy City Clerk
Ms. Kissel added that the January 8th policy schedule shows update to dedication on parks lands
and update to commission rules of procedure.
0:02:32 Cr. Krauss
Cr. Krauss requested a copy of the most current rules of procedure before that meeting.
0:02:45 Cr. Krauss
Cr. Krauss requested a meeting between commission and staff to discuss how things are going.
He was also wondering if a meeting between planning, engineering and the commission could
happen to discuss how things are going - a quality circle meeting.
0:03:37 Cr. Bryson
Cr. Bryson stated that he supported Cr. Krauss's meeting idea.
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0:03:50 Mr. Kukulski
Mr. Kukulski asked if expectations for such a meeting could be discussed during a future
commission meeting FYI.
0:04:38 E. Policy Discussion
0:04:38 Mayor Jacobson entered the meeting and Deputy Mayor Krauss turned the gavel over to
Mayor Jacobson.
Cr. Krauss left the meeting.
0:04:41 1. Red Light Traffic Camera Ordinance (Fontenot/McLane)
0:05:02 Rich McLane, Lieutenant
Mr. McLane gave the staff presentation.
0:23:48 Mayor Jacobson
Mayor Jacobson asked for clarification regarding who is responsible for paying fines when a
citizen runs a red light but is not the registered owner of the car.
0:24:51 Mr. McLane
Mr. McLane explained that the registered owner can nominate the actual driver but if the
nominated person refuses to pay the fine it goes back to the registered owner.
0:28:24 Cr. Becker
Cr. Becker said that he would like to see the limits of the red-light cameras expressly stated.
0:37:42 Cr. Bryson
Cr. Bryson would like officers to be able to write either a criminal or civil violation for a traffic
light infraction as opposed to being limited to writing only criminal violations. He would also
like to take out the requirement in the ordinance that a registered owner must submit a driver's
license, current address and phone number to nominate another person who was driving their car
and incurred an infraction.
0:44:28 Cr. Bryson
Cr. Bryson requested for himself and also for Cr. Krauss who left the policy meeting that the
whereas section at the beginning of the Ordinance state clearly that the intention of the
Ordinance is to increase pedestrian safety.
0:53:58 Cr. Rupp
Cr. Rupp was in agreement with Cr. Bryson and Cr. Krauss in regards to requesting the first
whereas to clearly state that the intention of the red-light program is to enhance pedestrian safety.
Cr. Rupp would like to see one penalty for a red-light infraction across the entire city whether
from the camera program or an officer.
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0:55:14 Mr. McLane
Mr. McLane explained that the fine for a camera enforced red-light infraction is set at $135.00 in
this Ordinance because that amount matches the fine set by the State.
0:56:45 Cr. Rupp
Cr. Rupp feels the fine for a red-light infraction should be sequential with the first offense a
lower fine than $135. and fines increasing per offense.
0:57:54 Mr. McLane
At Cr. Rupp’s request, Mr. McLane explained how money would be spent in the Traffic Safety
Fund that would be created through this Ordinance.
0:59:02 Cr. Rupp
Cr. Rupp would like to see the funds from the Traffic Safety Fund after operational costs be at
the discretion of the commission or be designated for something specific so that there is a checks
and balances system between the issuing of the fine and receiving the funds.
1:00:25 Mayor Jacobson
Mayor Jacobson agrees with Cr. Rupp in regards to the fund but does not feel that the fine should
be reduced because she believes that higher fines are a deterrent.
1:02:33 Cr. Becker
Cr. Becker stated that he would support providing for the latitude of officers to choose between
civil and criminal infractions for a red-light violation so they can apply the same punishment for
the same crime. He also supported the possibility of a less than $135 fine if business costs were
covered. He also would like the pedestrian safety priority spelled out wherever possible in the
Ordinance as well. He also agreed that he did not want citizens to be required to provide a
driver's license when nominating another driver. He would also like the commission to have the
opportunity to review and vote on the business rules for the red-light program within a formal
hearing setting.
1:05:41 Mr. McLane
Mr. McLane provided feedback regarding the fine amount and an explanation for why the
Bozeman Police Department is recommending the fine amount be set at $135.
1:10:23 Mr. McLane
Mr. McLane explained that by state law it is not illegal to enter an intersection on a yellow light
so it is therefore not illegal for a person who is already in an intersection to make a left hand
turn on red.
1:16:48 Mayor Jacobson
Mayor Jacobson brought up that it is not un-constitutional to have a red-light camera
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enforcement program. Registering your car and the attached license plate is public so this
program deals with public not private concerns.
1:18:27 Mr. McLane
Mr. McLane stated his intention is to revise the Ordinance as needed as it pertains to commission
comments and requests and bring the Ordinance back before the Commission for a first reading
on December 15th.
1:19:33 G. Adjournment
Mayor Jacobson adjourned the meeting at 1:28 p.m.
1:18:56 F. FYI/Discussion
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
68