HomeMy WebLinkAboutJanuary 22, 2008 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 22, 2008
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The Commission of the City of Bozeman met in the City Commission Room at City Hall, 411
East Main Street, on Tuesday, January 22, 2008 at 6:00 p.m. Present were Mayor Kaaren
Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris
Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, City Engineer
Rick Hixson, and Deputy City Clerk Cynthia Jordan Delaney.
0:08:20 A. Call to Order - 6:00 pm - City Commission Room, City Hall, 411 East Main
Street (not at the County Courthouse)
Mayor Jacobson called the meeting to order.
0:08:23 B. Pledge of Allegiance and a Moment of Silence
0:09:10 Changes to the Agenda - Chris Kukulski
Mr. Kukulski stated that Action item E5, the Greater Bozeman Area Transportation Plan 2007
Update), needs to be opened and continued because the presenter is ill.
0:10:00 C. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign a Contract between the City of Bozeman and
Facility Improvement Corporation (FICO) for Commissioning Services for the Remodel
of the Old Library into the New City Hall (Goehrung)
3. Authorize Mayor and City Commissioners to sign the Montana Department of
Transportation City/State Storm Drain Agreement and the City of Bozeman Construction
Agreement for South 19th Projects (Hixson)
4. Authorize City Manager to sign the Haggerty Lane Cottages Public Access
Easement and Public Park Easement (Johnson)
5. Finally adopt Ordinance No. 1701, East Gallatin Zone Map Amendment #Z-07006
(Knight)
0:10:07 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:10:18 Motion and Vote to approve Consent items 1-5.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1-5.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
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The motion carried 5-0.
0:10:34 D. Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:11:14 E. Action Items
0:11:17 1. Delaney Tax Abatement Request for Historic Preservation, moved from
December 10, 2007 at the Request of the Applicant (Kramer)
0:11:32 Courtney Kramer, Planner and Staff Liaison to the Bozeman Historic Preservation
Advisory Board
Ms. Kramer presented the staff report. She stated that the Bozeman Historic Preservation
Advisory Board voted 5-4 at their November 29, 2007 meeting to recommend denial because the
project did not meet all ten of the Secretary of the Interior's standards for rehabilitation. For a
project to qualify for federal tax incentives, all ten standards must be met.
0:42:37 Brian Gallik, Applicant
Mr. Gallik, of 35 North Grand, an attorney with the Goetz Law Firm, represented the applicant.
He distributed a packet of materials, saying this tax abatement is entirely appropriate and
consistent with state law. He said it doesn't state that an application for tax abatement must meet
all ten federal standards.
0:59:40 Public Comment opened.
Mayor Jacobson opened public comment.
0:59:59 Jim Webster - Public Comment
Mr. Webster, of 311 South 3rd Avenue, and a BHPAB member, stated that for the scope of the
Delaney residence, they had qualified professionals on the board, and this project was found to
be incompatible with the statutes. They thought it doesn't qualify for historic tax abatement. He
mentioned BHPAB member Mark Hufstetler's letter and vote against the tax abatement.
1:03:40 Nick Mahan - Public Comment
Mr. Mahan, of 35 West Julie Court, stated that we should encourage historic preservation. Mr.
Delaney has taken down that fourplex and made a huge piece of property, and he thinks they
should encourage this kind of activity in the city, especially if they are going to preserve the
Story Mansion.
1:04:40 Velma McMeekin - Public Comment
Ms. McMeekin, of 425 East Cottonwood, believes Bozeman needs more affordable housing, not
less. She was very bummed to see a fourplex torn down. She quoted the Delaney's tax costs from
the Gallatin County Clerk and Recorder and asked the Commission to consider subtracting the
difference. She suggested tying together a request for renovation with a request for tax
abatement.
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1:07:41 Public Comment closed.
Mayor Jacobson closed public comment.
1:19:53 Ms. Kramer
Ms. Kramer said it is her goal and intent that once these two current applications are processed
the Commission and the Historic Preservation Board should sit down and make sure their goal
doesn't become reviewing tax credit applications. In the future we need to make it more specific
and codified and understand what meets our standards and what doesn't.
1:23:10 Motion that we abate 25% of the property tax on this property for two years.
It was moved by Cr. Rupp, seconded by Cr. Bryson, that we abate 25% of the property tax
on this property for two years.
1:23:34 Cr. Bryson
Cr. Bryson said he struggles with this subjectivity. The Commission needs to provide clearer
policy direction to whatever review or screening process they put it in place. He is more
comfortable with a discussion on timelines than the percentage of eligibility for tax abatement.
1:24:10 Cr. Rupp
Cr. Rupp said they clearly can't go 100%; it's subjective.
1:25:01 Cr. Rupp
Cr. Rupp checked with Cr. Bryson if he wanted 100% tax abatement for a couple of years.
1:25:09 Cr. Bryson
Cr. Bryson said yes.
1:25:16 Change of Motion
Cr. Rupp says that he changes his motion to that: 100% (tax abatement) for a couple of years.
1:25:37 Mayor Krauss
Mayor Krauss said we've got a conflict with the ordinance and the resolution. He said the intent
of the state statute is clear: nowhere does it say we must meet all ten. He said what's unusual is
there is no process to approve it. Some amount could be appropriate, and he's prepared to vote
for 100% for three years.
1:31:12 Cr. Rupp
Cr. Rupp said that ten out of ten is the federal tax credit standard and the rule. He can make that
connection to the local ordinance, resolution, and the direction we gave the Historic Preservation
Board. He is reluctant on the 100% because some of it was an addition; you can't historically
remodel Paul Revere's house by making it bigger.
1:32:15 Mayor Jacobson
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Mayor Jacobson gave details about what parts of the project she thinks qualify for tax abatement,
and she said this is a vastly improved property aesthetically. She is in favor of some abatement.
1:36:06 Withdrawal of Motion
Cr. Rupp asked Cr. Bryson if would agree to withdrawing that motion and trying a substitute
motion.
1:36:15 Cr. Bryson
As the second, Cr. Bryson agreed to withdraw the motion.
1:36:18 Motion that we, the 100% issue I'm equally hung up on, so I would suggest 50%
abatement for the three year period that Cr. Krauss thought was appropriate.
It was moved by Cr. Rupp that we, the 100% issue I'm equally hung up on, so I would
suggest 50% abatement for the three year period that Cr. Krauss thought was appropriate.
1:36:43 Mayor Jacobson
Mayor Jacobson asked if anyone was going to second the motion. No one seconded the motion,
so the motion was dead.
1:37:08 Motion that we approve the tax abatement at 100% for three years.
It was moved by Cr. Bryson, seconded by Cr. Krauss, that we approve the tax abatement at
100% for three years.
1:37:22 Cr. Becker
Cr. Becker said that it seems reasonable to honor 100% for three years, and that is the number he
came with. He will support the motion.
1:38:30 Vote that we approve the tax abatement at 100% for three years.
[It was moved by Cr. Bryson, seconded by Cr. Krauss, that we approve the tax abatement
at 100% for three years.]
Those voting Aye being Crs. Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion carried 4-1.
1:38:52 Mayor Jacobson
Mayor Jacobson said the meeting will recess for ten minutes.
1:38:56 Break
1:46:41 Mayor Jacobson
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Mayor Jacobson informed members of the public that the Transportation Plan Update will not
happen tonight because the consultant is sick, but it is scheduled for next week.
1:47:07 2. Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2006-2007
(LaMeres)
1:47:26 Brian LaMeres, Controller in the Finance Dept.
Mr. LaMeres stated they are presenting for the Commission's acceptance the Comprehensive
Annual Financial Report (CAFR), and he introduced the auditor Merrilee Glover with the CPA
firm of JCCS.
1:48:04 Merrilee Glover, CPA of Junkermeir, Clark, Campanella, & Stevens, PC
Ms. Glover presented an overview of their auditing reports. She said there is a clean opinion on
the financial statements, and that is good. Their second report is on internal control over financial
reporting and compliance, and they have three findings (on page 145 in the Annual Financial
Report).
1:54:20 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
1:54:30 Motion acceptance of the Comprehensive Annual Financial Report for Fiscal Year
2006-2007 along with the Letter of Management.
It was moved by Cr. Krauss, seconded by Cr. Becker, acceptance of the Comprehensive
Annual Financial Report for Fiscal Year 2006-2007 along with the Letter of Management.
1:54:48 Cr. Rupp
Cr. Rupp verified with Ms. Rosenberry that there is a plan in place to reconcile and close the
books.
1:55:15 Anna Rosenberry, Finance Director
Ms. Rosenberry stated absolutely; they have a plan in place to be on top of it.
1:58:12 Vote acceptance of the Comprehensive Annual Financial Report for Fiscal Year
2006-2007 along with the Letter of Management.
[It was moved by Cr. Krauss, seconded by Cr. Becker, acceptance of the Comprehensive
Annual Financial Report for Fiscal Year 2006-2007 along with the Letter of Management.]
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
1:58:29 3. Capital Improvements Program (CIP) for Fiscal Years 2009-2013
(Rosenberry)
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1:58:39 Ms. Rosenberry
Ms. Rosenberry presented the staff report for the Capital Improvements Program for the next
five years. She stated that this is all about a planning process. Approving the plan doesn't provide
any budgetary authority. After the CIP Plan is adopted, the next step is to include that item in the
upcoming budget resolution for adoption.
2:11:13 Public Comment opened.
Mayor Jacobson opened public comment.
2:11:29 Unidentified Man - Public Comment
The unidentified man asked the Commission to sell the Story Mansion so we don't have to go to
the public to pay for the police station when the time comes.
2:11:55 Cory Ravnaas - Public Comment
Mr. Ravnaas, of Hyalite Engineers, speaking on behalf of the Story Mill developers, wrote two
letters in the packet requesting two projects to be included in the CIP. They are asking for the
difference in price of that significantly larger sewer to be impact fee eligible. He hoped for a
reasonable compromise; maybe half of that $1 million could be added to the CIP. The Oak Street
connector will cost more like $10 million.
2:14:55 Public Comment closed.
Mayor Jacobson closed public comment.
2:15:38 Cr. Krauss
Cr. Krauss stated that he wants to talk about these in some context of the goal-setting on
February 18.
2:21:27 Cr. Rupp
Cr. Rupp stated that they are lacking a priority list of all projects. He wants to make sure the
most important ones receive his attention.
2:21:52 Cr. Bryson
Cr. Bryson wants the opportunity for each Cr. to talk about his/her priorities and how that
impacts the budget. He suggested continuing this item until we do that.
2:26:01 Mayor Jacobson
Mayor Jacobson recommended holding a policy session to talk about CIP priorities so it doesn't
eat up the February 18 Goal-Setting Session.
2:27:20 Cr. Rupp
Cr. Rupp agreed with Mayor Jacobson, saying the CIP needs to be a block of time at a work
session or policy meeting.
2:28:51 Cr. Krauss
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Cr. Krauss wanted more information about why the street impact fee projects are in that
particular order and why they are what they are.
2:31:18 Mayor Jacobson
Mayor Jacobson wants to see criteria for establishing priorities.
2:31:35 Cr. Krauss
Cr. Krauss wants to concentrate on streets and the general fund.
2:31:47 Cr. Rupp
Cr. Rupp brought up the swimming pool on the west side (general fund).
2:36:31 Cr. Becker
Cr. Becker wants to discuss the role of impact fee credits, eligibility, and structure, and how to
prioritize the movement of the money.
2:43:28 Cr. Krauss
Cr. Krauss doesn't want to spend $80,000 on a study for the trip exchange district analysis; he is
ready to vote.
2:47:53 Mayor Jacobson
Mayor Jacobson suggested they have a dinner meeting beginning at 4 p.m.
2:48:24 Mr. Kukulski
Mr. Kukulski stated that staff will collaborate to figure out that meeting time in February.
2:50:14 Motion and Vote to continue the CIP discussion to a date to be determined.
It was moved by Cr. Becker, seconded by Cr. Rupp, to continue the CIP discussion to a
date to be determined.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:50:58 4. The Norton East Ranch Major Subdivision Preliminary Plat #P-07047
(Krueger)
2:51:08 Brian Krueger, Associate Planner
Mr. Krueger presented the staff report. He referenced the conditions in the Staff Report
Addendum dated January 16, 2008.
3:12:50 Tom Henesh, Applicant
Mr. Henesh, of Big Sky Land Consulting, appeared on behalf of the applicant. He stated that
there are conditions they have differences of opinion about: condition 35, to improve that section
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of Cottonwood, should be stricken for several reasons. He handed out a revision to condition 37:
“A 1 foot non-vehicular access easement shall be shown on the final plat on all lots along the
frontage of West Babcock Street and Laurel Parkway.”
3:23:54 Public Comment opened.
Mayor Jacobson opened public comment.
3:24:16 Brian Caldwell - Public Comment
Mr. Caldwell, of 733 South Tracy, stated that at one point this parcel was listed in the 2020 Plan
as future urban. The argument that it is too tough to build out here on the edge comes with the
burden of developing farmland. I can only hope that with responsible development the costs
associated with that are appropriately paid for.
3:26:14 Lynn Bacon - Public Comment
Ms. Bacon, the Chair of the Wetlands Review Board, raised issues about the boardwalk's
construction and her discussion with Tom. This project is impacting an isolated wetland, so the
WRB suggested creating naturalized stormwater basins; having it vegetated with native, upland
grass and woody species, not just fill with rock; placing educational placards along boardwalks;
and the WRB members should be invited to the boardwalk onsite preconstruction meeting. These
aren't new conditions besides the boardwalk construction.
3:28:59 Ted Lange - Public Comment
Mr. Lange, of the Gallatin Valley Land Trust of 35 North Willson, stated that GVLT is happy
with the parks and trails, with good communication with the applicant. He has talked with Al
Lien, the landowner of one of two conservation easements to the west. The first phase doesn't
abut the conservation easement. In future phases there will need to be additional conditions. Al's
issues are groundwater, weed control, dogs, and fencing.
3:33:13 Mr. Lange
Mr. Lange responded to Cr. Becker that there is room to strengthen weed control language in
staff recommendations, specifying "unsold individual lots" and going into detail about when,
where, and how weeds would be controlled.
3:36:13 Mayor Jacobson
Mayor Jacobson disclosed that Mr. Lien stopped by her house with a letter and spoke to her
about this issue.
3:36:34 Public Comment closed.
Mayor Jacobson closed public comment.
3:36:39 Mr. Henesh
In his rebuttal, Mr. Henesh stated that the applicant has no objections to the improvements from
the Planning Board. They want to preserve the wetlands; the impacts underneath the boardwalk
will be part of the approval process, and it will sit on pylons. They can address concerns about
weeds, groundwater, and dogs, but the litter is coming from Huffine.
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3:39:12 Cr. Rupp
Cr. Rupp verified that Mr. Epple doesn't have a problem with the applicant's suggested language
change in condition 37.
3:41:37 Motion approval of Preliminary Plat #P-07047 with the conditions and code
provisions listed in the Staff Report (Addendum) dated January 16 (2008) including the
language suggested here tonight under #37, requested by the applicant.
It was moved by Cr. Rupp, seconded by Cr. Bryson, approval of Preliminary Plat #P-07047
with the conditions and code provisions listed in the Staff Report (Addendum) dated
January 16 (2008) including the language suggested here tonight under #37, requested by
the applicant.
3:42:18 Mayor Jacobson
Mayor Jacobson asked the Deputy City Clerk to repeat the motion.
3:42:27 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney read, “Motion to approve the Preliminary Plat #P-07047 with the conditions and
code provisions listed in the Staff Report Addendum, including the language requested tonight
by the applicant which is condition #37.”
3:42:41 Cr. Rupp
Cr. Rupp stated that motion is correct.
3:42:45 Mayor Jacobson
Mayor Jacobson verified that would include conditions #4, 34, and 35.
3:42:59 Cr. Krauss
Cr. Krauss asked Mr. Kukulski to find out whether the money that he pays to the County
includes weed enforcement.
3:44:40 Mr. Kukulski
Mr. Kukulski stated that he and Rick Hixson will do further investigation.
3:47:45 Vote approval of Preliminary Plat #P-07047 with the conditions and code
provisions listed in the Staff Report (Addendum) dated January 16 (2008) including the
language suggested here tonight under #37, requested by the applicant.
[It was moved by Cr. Rupp, seconded by Cr. Bryson, approval of Preliminary Plat #P-
07047 with the conditions and code provisions listed in the Staff Report (Addendum) dated
January 16 (2008) including the language suggested here tonight under #37, requested by
the applicant.]
Those voting Aye being Crs. Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being Cr. Rupp.
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The motion carried 4-1.
Refer to the Staff Report Addendum January 16, 2008 in the January 22, 2008 City
Commission packet for all conditions and code provisions, except for the revised condition
#37 requested by the applicant and approved by the City Commission:
37. A 1 foot non-vehicular access easement shall be shown on the final plat on all lots along
the frontage of West Babcock Street and Laurel Parkway.
3:47:57 5. Greater Bozeman Area Transportation Plan (2007 Update) - Project
Presentation and Discussion (Murray)
3:48:15 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
3:48:38 Motion and Vote to continue this (Transportation Plan Update) until next week.
It was moved by Cr. Bryson, seconded by Cr. Krauss, to continue this (Transportation
Plan Update) until next week.
Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
3:48:59 Mayor Jacobson
Mayor Jacobson declared a ten minute recess.
3:49:03 Break
4:01:51 Call to Order
Mayor Jacobson called the meeting back to order.
4:02:14 6. Provisional Adoption of Ordinance No. 1738, Providing that The Bozeman
Municipal Code be Amended by Revising Section 2.04.040A, Providing for the Ending
Time of Regular Meetings to be 10:00 p.m. Unless Otherwise Extended (Kukulski)
4:02:16 Mr. Kukulski
Mr. Kukulski stated that this issue is to amend the Commission's Rules of Procedure, changing
the ending time of meetings back to 10 p.m. (from 11 p.m.) as the Commission requested.
4:05:01 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
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4:05:19 Motion and Vote provisional adoption of Ordinance No. 1738, providing that the
Bozeman Municipal Code be amended by revising Section 2.04.040A, providing for the
ending time of regular meetings to be 10:00 p.m. unless otherwise extended.
It was moved by Cr. Krauss, seconded by Cr. Becker, provisional adoption of Ordinance
No. 1738, providing that the Bozeman Municipal Code be amended by revising Section
2.04.040A, providing for the ending time of regular meetings to be 10:00 p.m. unless
otherwise extended.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:06:01 7. Consideration of Confirming Monday, February 18, 2008 as the Commission
Goal-Setting Work Session (Kukulski)
4:06:02 Mr. Kukulski
Mr. Kukulski asked the Commission to make a motion formally setting up Monday, February 18
(Presidents' Day) as the Goal-Setting Work Session with the Commission. It would be an
extended session from the afternoon to the evening.
4:06:54 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
4:07:06 Cr. Becker and Cr. Rupp
Cr. Becker and Cr. Rupp stated that they will be out of town on Monday, February 18, 2008.
4:08:10 Cr. Krauss
Cr. Krauss stated that this meeting should be on Tuesday, February 19 at 3 p.m.
4:09:24 Motion and Vote to confirm Tuesday, February 19 as the Commision Goal-Setting
Work Session at an appropriate time of about 3 p.m.
It was moved by Cr. Becker, seconded by Cr. Rupp, to confirm Tuesday, February 19 as
the Commision Goal-Setting Work Session at an appropriate time of about 3 p.m.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:10:25 8. Consideration of Conceptual Support for the Bozeman East Side Wetlands
(Kukulski)
4:10:44 Mr. Kukulski
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Mr. Kukulski stated that the Commission is being asked to conceptually support the idea of
searching for grant dollars to turn this Eastside Wetlands into something more official. He
expressed support with one strong caveat: an extension of Highland connecting to Oak may be
critical link in our Transportation Plan so don't take that option off the table.
4:13:09 Public Comment opened.
Mayor Jacobson opened public comment.
4:13:25 Angela Kociolek - Public Comment
Ms. Kociolek, of 620 North Tracy Avenue, the current Conservation Chair of the local
Sacajawea Audubon Society, an active homeowner in the NE Neighborhood, and a member of
the Wetland Working Group, asked for the Commission's endorsement of the concept of
protecting the wetland near East Main Street as the Bozeman Wetland Preserve. This week the
local Sacajawea Audubon Chapter is submitting an application to the national Audubon Society
to receive a federal land and water fund conservation grant. In 2006 and 2007, teams of
volunteers found 94 species of birds; approximately 40% are considered to be a conservation
priority by Montana experts.
4:17:12 Marcia Youngman - Public Comment
Ms. Youngman, 1214 West Koch, is a member of the volunteer working group striving to save
this wetland. She said the Commission's endorsement won't commit the City to anything but the
use of its name in grant proposals. We are not asking you to commit any City funding; not to
accept the wetland as a City park; not to give up maintenance on the sewer line; and not to give
up the option to consider later construction of an arterial bypass. Almost 20 groups and
businesses have endorsed the concept of creating a preserve.
4:20:52 Lynn Bacon - Public Comment
Ms. Bacon, of 5810 Valley Commons Drive Suite 4, a representative of the Wetlands Review
Board, stated that the WRB voted to endorse the efforts by the citizen's task force to seek funds
to acquire a portion of the Village Investment Group wetlands. As a local wetland scientist she
supports the effort, and said it is a class one wetland, the best wetland in Bozeman. It is about 24
acres.
4:22:31 Brian Caldwell - Public Comment
Mr. Caldwell, of 733 South Tracy, representing the interests of Greg and Linda Poncelet, spoke
to the false statements in the paper about the ability to drain this wetland. They have an interest
in promoting wetland qualities in the area. He presented their 1883 historical water rights to
groundwater permits (400 gallons per minute). To pay $1.2 million for undevelopable land is a
farce. He submitted their water rights.
4:26:35 Gonnie Siebel - Public Comment
Ms. Siebel, of 609 North Montana, stated that she has been enjoying the wetlands for 25 years.
She said it is a very special place with many birds, waterfowl, and deer. She encouraged the
Commission to support making this a preserve.
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4:27:26 Ted Lange - Public Comment
Mr. Lange, of the Gallatin Valley Land Trust of 25 North Willson, stated that GVLT has been
part of the informal Wetland Working Group. GVLT helped create the concept plan document
with the benefits and challenges. After the stories in the paper they wanted to the Commission on
record acknowledging the value. If the arterial connector happens, make sure to minimize the
impacts. One goal is enhanced public access, education, and trail connections.
4:30:49 June Safford - Public Comment
Ms. Safford, of 8 Hill Street, said that she and her husband have been part of the wetland bird
survey for the last two years. They appreciate the diversity of bird and wildlife there, and it is a
great idea to preserve this for the people of Bozeman as a unique nature park.
4:31:49 Jeanne Wesley-Wiese - Public Comment
Ms. Wesley-Wiese, of 707 North Wallace, has lived in the NE neighborhood since 1976, and this
wetland is the most special place for just about everybody in the neighborhood. Wetlands is one
of the biggest concerns in NENA meetings along with traffic. She beseeched the Commission to
preserve and protect this since she doesn't want the community to lose something this precious.
4:33:02 Dwight Paul Wiese - Public Comment
Mr. Wiese, of 707 North Wallace, has lived in the neighborhood for 30 years and raised a family.
This is one of the favorite areas of the families. It is a jewel, and he wants the Commission to see
it that way.
4:33:39 Deborah De Bode - Public Comment
Ms. De Bode, of 527 North Montana Avenue, stated that a lot of us live in Bozeman by choice
because it's got all kinds of wonderful features, including this wetland. If you see the beauty and
the life supported there and the education for kids so near downtown, it's an area we need to
preserve, and she hopes the Commission will let us go forward with the grant.
4:34:45 Cheryl Farmer - Public Comment
Ms. Farmer, of 3030 Prairie Smoke Road, requests that the Commission supports the efforts of
this wetland conservation group to secure grants to fund the purchase of these wetlands. In this
era of burgeoning populations and diminishing wild lands and open space, we need to preserve
this space for wildlife that can't speak for themselves.
4:35:45 Mary Claude Annens - Public Comment
Ms. Annens, of 503 North Bozeman, is here as a Sacajawea Audubon Society member, a NENA
member, and a taxpaying citizen. She hopes to be here for 30 years and raise a family here and
has a vested interest in preserving the land and the educational resources in her neighborhood.
4:36:28 Jon Gerster - Public Comment
Mr. Gerster, of 719 North Wallace, stated that he was the NENA president for 7 years, starting in
1999. He stated that this issue was forefront among NENA issues for years. This wetland is a
goldmine for the birds, wildlife, and the City. He said it is a goldmine because of the wetland
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holding back water and floods and for the practical financial value to secure lower flood
insurance rating and rates. He handed out a flood prevention guide.
4:39:54 Public Comment closed.
Mayor Jacobson closed public comment.
4:40:18 Cr. Rupp
Cr. Rupp thanked the working groups for their work on this proposal. He wanted Ms.
Youngman's caveats in the record:
“The Commission's endorsement won't commit the City to anything but the use of its name in
grant proposals. We are not asking you to commit any City funding; not to accept the wetland as
a City park; not to give up maintenance on the sewer line; and not to give up the option to
consider later construction of an arterial bypass.”
4:41:19 Motion that we support the Bozeman Eastside Wetland Project in front of us this
evening.
It was moved by Cr. Rupp, seconded by Cr. Bryson, that we support the Bozeman Eastside
Wetland Project in front of us this evening.
4:47:58 Vote that we support the Bozeman Eastside Wetland Project in front of us this
evening.
[It was moved by Cr. Rupp, seconded by Cr. Bryson, that we support the Bozeman
Eastside Wetland Project in front of us this evening.]
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:48:19 9. Appointment to the Bozeman Area Bicycle Advisory Board (Ulmen)
4:48:51 Public Comment opened for all board appointments.
Mayor Jacobson opened public comment for all board appointments.
4:49:36 Ralph Zimmer - Public Comment
Mr. Zimmer, of 2103 South Tracy Avenue, Chair of the Bozeman Pedestrian and Traffic Safety
Committee, discussed how this committee is appointed. He stated that while both applicants are
highly qualified, Taylor Lonsdale has been a member of the committee for the last several years
in an at-large position and is now applying for the City position; he is Vice Chair of the
committee.
4:51:10 Public Comment closed.
Mayor Jacobson closed public comment.
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Bozeman City Commission Meeting, January 22, 2008
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4:51:37 Motion and Vote to approve Bill Cochran to the Bozeman Area Bicycle Advisory
Board.
It was moved by Cr. Bryson, seconded by Cr. Krauss, to approve Bill Cochran to the
Bozeman Area Bicycle Advisory Board.
Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:52:30 10. (Re)Appointments to the City Planning Board (Delaney)
4:52:35 Ms. Delaney
Ms. Delaney stated that the Mayor can appoint four members and the Commissioners can
appoint three members to the City Planning Board, and the Commissioners can appoint one
Commissioner as a voting member. She noted that Bill Quinn was recommended earlier today by
the County Commission, and Mayor Jacobson can now confirm him if she chooses.
4:54:10 Mayor Jacobson's Appointments to City Planning Board
Mayor Jacobson reappointed Randy Carpenter and appointed Cathy Costakis, Donna
Swarthout, and Chris Mehl. She affirmed Bill Quinn as the County's appointee.
4:54:46 Motion and Vote that Cr. Sean Becker be appointed as our voting representative to
the Planning Board.
It was moved by Cr. Rupp, seconded by Cr. Bryson, that Cr. Sean Becker be appointed as
our voting representative to the Planning Board.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:55:30 Motion and Vote that we appoint Erik Henyon.
It was moved by Cr. Bryson, seconded by Cr. Krauss, that we appoint Erik Henyon.
Those voting Aye being Crs. Bryson, Krauss, Becker, and Rupp.
Those voting No being Mayor Jacobson.
The motion carried 4-1.
4:55:59 Motion and Vote that we appoint Brian Caldwell.
It was moved by Cr. Krauss, seconded by Cr. Bryson, that we appoint Brian Caldwell.
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Bozeman City Commission Meeting, January 22, 2008
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Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:56:35 Motion and Vote that we reappoint JP (Pomnichowski).
It was moved by Cr. Rupp, seconded by Cr. Krauss, that we reappoint JP (Pomnichowski).
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:57:51 11. (Re)Appointments to the Zoning Commission (Delaney)
4:58:18 Motion to reappoint Peter Harned.
It was moved by Cr. Krauss, seconded by Cr. Becker, to reappoint Peter Harned.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:59:17 12. (Re)Appointments to the Senior Citizens’ Advisory Board (Delaney)
4:59:26 Motion and Vote that both of these applications be accepted by us tonight (Milly
Gutkoski and Charlotte Kress).
It was moved by Cr. Rupp, seconded by Cr. Krauss, that both of these applications be
accepted by us tonight (Milly Gutkoski and Charlotte Kress).
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:59:57 13. Appointment to the Impact Fee Advisory Committee (Delaney)
5:00:00 Motion and Vote to approve James Nickelson.
It was moved by Cr. Krauss, seconded by Cr. Bryson, to approve James Nickelson.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
5:02:03 14. (Re)Appointment to the Pedestrian and Traffic Safety Committee (Delaney)
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Bozeman City Commission Meeting, January 22, 2008
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5:03:45 Suspension of the Rules of Procedure
Mayor Jacobson suspended the Rules of Procedure.
5:04:07 Motion and Vote to approve Mr. Garberg on the Pedestrian and Traffic Safety
Committee.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Mr. Garberg on the
Pedestrian and Traffic Safety Committee.
Those voting Aye being Crs. Becker, Rupp, Bryson, and Krauss.
Those voting No being none.
Those passing being Mayor Jacobson.
The motion carried 4-1.
5:04:50 F. FYI/Discussion
5:04:53 Cr. Rupp
Cr. Rupp asked other Commissioners to join him in agreeing to hear a project currently going
through review that he would like the City Commission to claim jurisdiction over: Greek Way
Apartments. Crs. Bryson, Becker, Rupp, and Mayor Jacobson gave thumbs up. It needs to be put
on the January 28 agenda.
5:06:03 Mr. Kukulski
Mr. Kukulski handed the Commission updated information on the 2007-2008 Work Plan and
said that Karen Semerau will be emailing other information. He asked the Commission to format
their priorities for the February 19 meeting.
5:07:35 Ms. Delaney
Ms. Delaney reminded the Commission that the next Policy Meeting is tomorrow, Wednesday,
January 23 at noon in this room.
5:07:53 Cr. Krauss
Cr. Krauss wanted to thank Tim Cooper who worked through the impact fee impasse and got that
settlement and worked tirelessly for the City.
5:08:48 Mr. Kukulski
Mr. Kukulski thanked Tim Cooper for negotiating through DEQ with the library.
5:09:19 Cr. Rupp
Cr. Rupp stated that he may be late for the Policy Meeting tomorrow.
5:09:53 G. Adjournment
Mayor Jacobson adjourned the meeting.
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Bozeman City Commission Meeting, January 22, 2008
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____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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