HomeMy WebLinkAboutMay 11, 2009 City Commission meeting Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 11, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, May 11, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City
Manager Chuck Winn, Finance Director Anna Rosenberry, Planning Director Andy Epple,
Assistant Planning Director Chris Saunders, City Attorney Greg Sullivan, Assistant City
Attorney Tim Cooper, and City Clerk Stacy Ulmen
0:04:43 A. Call to Order-5 p.m.-City Commission Room, City Hall. 121 North Rouse
Mayor Jacobson called the meeting to order.
0:04:45 B. Pledge of Allegiance and a Moment of Silence
0:05:19 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:05:24 Chris Kukulski, City Manager
Mr. Kukulski requested that Consent Item E. 17. Building Department 3rd Quarter Report, be
moved to Action Item I. 1.
0:05:55 D. Public Service Announcement – Bozeman Historic Preservation Advisory
Board (BHPAB) Event (Lora Dalton, BHPAB Board Member)
0:06:09 Lora Dalton, Bozeman Historic Preservation Advisory Board Member
Ms. Dalton spoke regarding the Bozeman Historic Preservation Days and the activities that will
be taking place.
0:09:04 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the City Manager to sign Change Order No. 9, Change Order No. 10
and Change Order No. 11 for the Renovation of the Story Mansion (Goehrung)
3. Authorize City Manager to sign Change Order No. 1/CMC East Main Depot
Asbestos Cleanup Underground Tank Cleanup (Johnson)
4. Authorize City Manager to sign Change Order No. 2/CMC East Main Depot
Asbestos Cleanup Wallace Ave Street Improvements (Johnson)
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5. Authorize Payment of $2,390.14 for the Buttrey's Solvent Site Cost Recovery
(Cooper)
6. Authorize City Manager to accept and sign a new Utility Easement and Release
and Reconveyance of Easements (AO Group LLC) (Kerr)
7. Approve Resolution No. 4158 Approving and Adopting the Montana Municipal
Interlocal Authority Revised and Restated Interlocal Agreement (Rosenberry)
8. Approve Resolution No. 4159 Approving and Adopting the Montana Municipal
Interlocal Authority Revised and Restated Workers Compensation Program
Agreement (Rosenberry)
9. Approve Resolution No. 4160 Approving and Adopting the Montana Municipal
Interlocal Authority Revised and Restated Liability Coverage Program Agreement
(Rosenberry)
10. Approve Resolution No. 4161 Approving and Adopting the Montana Municipal
Interlocal Authority Revised and Restated Property Program Agreement
(Rosenberry)
11. Approve Resolution No. 4162 Approving and Adopting the Montana Municipal
Interlocal Authority Revised and Restated Employee Benefits Program
Agreement (Rosenberry)
12. Approve City Manager's signature on Agreement for Parking Ticket Collection
Services with Municipal Service Bureau (Clark)
13. Approve Depository Bonds and Pledged Securities for March 31, 2009 (Clark)
14. Approve Planning Department 3rd Quarter Budget Report Fiscal Year 2009
(Epple)
15. Approve Recovery Act Edward Byrne Memorial Justice Assistance Grant
Program Application (Meyer)
16. Approve Cancelling the May 14th Policy Meeting (Ulmen)
17. Approve Building Department 3rd Quarter Budget Report Fiscal Year 2009
(Risk)
18. Approve Monthly Building Report for April, 2009 (Risk)
19. Approve National Public Works Week and National Endangered Species Day
Proclamations (Kissel)
20. Finally Adopt Ordinance No. 1759, Amendments to Ordinance No. 1726,
providing for the Amendment of Chapter 2.01 by Amending the Sections on
Financial Disclosure, Post Employment Prohibitions and Definitions (Sullivan)
0:09:11 Public Comment
Mayor Jacobson opened public comment.
0:09:24 Nick Landaros, Public Comment
Mr. Landaros (no address given) spoke regarding Consent Item #12, Agreement for Parking
Ticket Collection Services with Municipal Service Bureau. The Police Department should
continue to do this job.
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0:11:19 David Gaillard, Public Comment
Mr. Gaillard of 109 South 8th stated that he is representing Defenders of Wildlife. He
appreciates the proclamation for Endangered Species Day.
0:12:42 Public Comment closed
Mayor Jacobson closed public comment.
0:13:00 Motion and Vote (to approve Consent Items 1-16 and 18-20.)
It was moved by Cr. Becker, seconded by Cr. Krauss (to approve Consent items 1-16 and
18-20.)
Those voting Aye being Crs. Becker, Bryson, and Mayor Jacobson.
Those voting No being Crs. Rupp and Krauss.
The motion passed 3-2.
0:13:16 G. Mayoral Proclamation – National Public Works Week Proclamation (Mayor
Jacobson)
Mayor Jacobson proclaimed May 17-23, 2009 as National Public Works Week.
0:15:21 H. Special Presentation – Thank You to Southwest Montana Building Industry
Association for the Senior Center Floor Replacement (Cr. Bryson)
Cr. Bryson asked that those involved in the Senior Center floor replacement come forward. Cr.
Bryson stated on behalf of the City the appreciation of assisting with the floor replacement.
0:17:32 F. Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:17:57 I. Action Items
0:18:20 2. Gallatin County's Proposed Amendments to Interlocal Agreement between
Gallatin County and the City of Bozeman regarding the City’s Involvement in Solid Waste
District (Sullivan)
0:18:36 Bill Murdock, County Commissioner
Cr. Murdock stated that the City is in a refuse district. There have been some general
management issues with the Board. The County originally asked that the Interlocal Agreement
be amended, but are now withdrawing their request. The County has revisited the original
resolution creating the Board and feel that they can do what they need to do under the original
language. This is regarding personnel matters and purchasing management.
0:21:33 Cr. Bryson
Cr. Bryson wondered if some of the board members would be removed.
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0:21:47 Cr. Murdock
Cr. Murdock stated that it is an option.
0:21:55 Cr. Bryson
Cr. Bryson wondered who this board will report to.
0:22:10 Cr. Murdock
Cr. Murdock stated that the Board will ultimately report to the County Commission.
0:22:32 Cr. Bryson
Cr. Bryson spoke regarding the management audits.
0:23:13 Cr. Murdock
Cr. Murdock stated that the final authority for spending and hiring will lie with the County
Commission.
0:23:47 Cr. Murdock
Cr. Murdock spoke regarding the need for a new manager and the need to acquire land to
expand. The Board has tried to do these things; it is how they are going about doing things that
is the issue.
0:24:29 Cr. Krauss
Cr. Krauss asked if the Solid Waste Management District continue to be a distinct entity under
Montana Law.
0:24:36 Cr. Murdock
Cr. Murdock stated yes it will.
0:25:57 Cr. Murdock
Cr. Murdock stated that the County does not need to revise the agreement.
0:27:06 Cr. Becker
Cr. Becker asked what the difference is between district and advisory board.
0:27:12 Cr. Murdock
Cr. Murdock spoke regarding how this is defined in the original resolution.
0:27:43 Cr. Bryson
Cr. Bryson asked if the City will still have a representative on this board.
0:27:53 Cr. Murdock
Cr. Murdock stated that the City will continue to have a representative on this board.
0:29:26 Cr. Becker
Cr. Becker spoke regarding liability.
0:29:33 Cr. Murdock
Cr. Murdock stated that every citizen in the County, through “The County” carries that liability.
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0:29:48 Cr. Becker
Cr. Becker spoke regarding future problems and who would be responsible.
0:31:05 Marty Lambert, County Attorney
Mr. Lambert stated that this is a volunteer board that demands to be paid. This is an interesting
situation. He spoke regarding the demand for services. They have gone up.
0:37:47 Greg Sullivan, City Attorney
Mr. Sullivan spoke regarding the Indemnity agreements.
0:38:54 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:39:25 Cr. Rupp
Cr. Rupp stated that he agrees with the thought process and wishes the County well.
0:40:09 Cr. Murdock
Cr. Murdock stated that the City is well represented on the board.
0:40:21 Cr. Bryson
Cr. Bryson stated that we are a significant user of the landfill. Tipping charges are of concern to
him. He encourages that the appropriate people be appointed to act in an appropriate manner to
manage the Landfill.
0:41:14 Cr. Murdock
Cr. Murdock stated that the County is committed to do those things.
0:41:22 Cr. Krauss
Cr. Krauss stated that he supports the actions. He has concern regarding having a solid waste
district verses running a landfill. Look at a wider scope when filling the positions.
0:45:09 Cr. Murdock
Cr. Murdock spoke regarding methane capture and composting.
0:45:55 1. Ordinance No. 1750, Amendments to Chapter 13.12, Control of Backflow
Protection and Cross-Connections, Opened and Continued from March 2, 2009 (Arkell)
0:46:08 Debbie Arkell, Public Works Director
Ms. Arkell stated that the proposal to amend the back flow ordinance began on March 2, 2009.
The installations have taken place, but not the testing. There were many questions brought up by
the Commission. Those have been addressed in the staff report. In light of the expenses, staff is
asking that this item be opened and tabled indefinitely. Back flow installations will still take
place. Staff will work on a better education program.
0:48:41 Public Comment
Mayor Jacobson opened public comment.
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No person commented.
Mayor Jacobson closed public comment.
0:48:58 Cr. Krauss
Cr. Krauss stated that this will continue as a voluntary program.
0:50:12 Motion and Vote to table (Ordinance No. 1750) indefinitely.
It was moved by Cr. Krauss, seconded by Cr. Bryson to table (Ordinance No. 1750)
indefinitely.
Those voting Aye being Crs, Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:50:57 3. Consent Agenda Item No. 17: Approve Building Department 3rd Quarter
Budget Report Fiscal Year 2009 (Risk)
0:51:13 Cr. Bryson
Cr. Bryson spoke regarding the reduction of staff as outlined in the report.
0:51:42 Cr. Bryson
Cr. Bryson wondered if there would be any money from the state to conduct fire inspections.
0:51:59 Mr. Kukulski
Mr. Kukulski stated that there have been some conversations regarding funding from the state.
0:52:37 Cr. Bryson
Cr. Bryson spoke regarding fire inspectors and fire marshals.
0:52:46 Cr. Bryson
Cr. Bryson spoke regarding the fire inspection position. He stated that it does not make sense to
eliminate the position. Transfer this position.
0:53:49 Mr. Kukulski
Mr. Kukulski spoke regarding what areas the positions were being funded from.
0:54:56 Chuck Winn, Assistant City Manager
Mr. Winn stated that there is a core function of the fire inspection work directly related to the fire
department. This has been funded from the general fund. Due to the economy the work has
diminished. Fire inspection work is an ongoing responsibility of the fire department. The work
has been shifted to the Fire Marshall.
0:57:47 Cr. Bryson
Cr. Bryson asked what percent of the Fire Marshall salary is paid for out of the building
department fees.
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0:57:50 Mr. Winn
Mr. Winn stated that it has been 75%.
1:03:36 Mayor Jacobson
Mayor Jacobson stated that building inspection is important to public health and safety. She
spoke regarding emergency situations. She supports funding the position regardless of where the
position is funded.
1:04:38 Mr. Kukulski
Mr. Kukulski spoke regarding the fees in the Building Department.
1:06:51 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:07:08 Motion to accept the (Building) report and provide guidance to City staff to
evaluate the options of funding a fire inspector position through the fire department.
It was moved by Cr. Bryson, seconded by Cr. Rupp to accept the (Building) report and
provide guidance to City staff to evaluate the options of funding a fire inspector position
through the fire department.
1:07:38 Cr. Rupp
Cr. Rupp stated that he did not see a reason to discuss this item. He agrees with what staff has
provided.
1:08:48 Cr. Becker
Cr. Becker is glad that this item was pulled from consent and discussed.
1:11:08 Mr. Winn
Mr. Winn stated that the Fire Marshall position is currently vacant.
1:11:32 Cr. Krauss
Cr. Krauss stated that there needs to be a study on how fees are set. He spoke regarding how
Planning did this.
1:15:03 Mayor Jacobson
Mayor Jacobson asked that the motion be re-stated.
1:15:05 Stacy Ulmen, City Clerk
Ms. Ulmen read back the motion.
1:16:47 Vote on the Motion to accept the (Building) report and provide guidance to City
staff to evaluate the options of funding a fire inspector position through the fire
department.
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Those voting Aye being Crs. Bryson and Mayor Jacobson.
Those voting No being Crs. Rupp, Becker and Krauss.
The motion failed 2-3.
1:17:06 Motion and Vote to approve the Building Division 3rd Quarter Budget Report.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Building Division 3rd
Quarter Budget Report.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:17:34 Break
1:45:14 Meeting called back to order.
Mayor Jacobson called the meeting back to order.
1:45:17 3. Lower Yards City Shop/HRDC Site Plan Application and Certificate of
Appropriateness No. Z-09053 (Public Hearing) (Thorpe)
1:45:36 Cr. Rupp
Cr. Rupp excused himself from the dais because of his financial interest related to the HRDC
initiative.
1:45:59 Keri Thorpe, Assistant Planner
Ms. Thorpe gave the staff presentation regarding the Lower Yards City Shop/HRDC Site Plan
Application and Certificate of Appropriateness No. Z-09053. This property is zoned M-1, which
is manufacturing. Staff recommends approval with conditions as listed in the staff report.
1:54:50 Cr. Becker
Cr. Becker stated that the variances would not be addressed this evening but he wondered if the
building designs would be subject to consideration.
1:55:13 Ms. Thorpe
Ms. Thorpe stated that the Design Review Board had favorable comments regarding the
structure.
1:55:59 Cr. Bryson
Cr. Bryson stated that there is not a requirement for curbing on drive aisles. He has concerns
regarding this because there will be large vehicles.
1:56:48 Public Comment
Mayor Jacobson opened public comment.
1:57:02 Greg Poncelet, Public Comment
Mr. Poncelet of 209 East Cedar spoke stated that his property is the adjacent parcel. The
property is not vacant. He spoke regarding storm drainage and drainage easements. He is
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concerned about the development. If there is water and sewer stubbed into the property, he
would like an easement. He has a problem with the general layout. He urged the Commission to
postpone their decision and address these things.
2:01:43 Public Comment closed.
Mayor Jacobson closed public comment.
2:01:55 Debbie Arkell, Public Works Director
Ms. Arkell introduced Mike Wiseman from the Architecture firm and stated that he can address
the drainage issue. Ms. Arkell spoke regarding the water and sewer connections. She spoke
regarding the creation of a subdivision and stated that this is not a true subdivision.
2:08:50 Cr. Krauss
Cr. Krauss spoke regarding the extension of water and sewer lines.
2:09:32 Mike Wiseman-Dowling, Sandholm Arhictects
Mr. Wiseman stated that his firm has done a lot of the site design. He spoke regarding storm
water collection areas, and the building location.
2:13:02 Public Hearing closed
Mayor Jacobson closed the public hearing.
2:13:25 Motion to approve the Public Agency Exemptions requested for the Site Plan/
Certificate of Appropriateness Application No. Z-09053 for the City of Bozeman Lower
Yards Shop/HRDC Bus Facility and Sand Storage Building.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Public Agency
Exemptions requested for the Site Plan/ Certificate of Appropriateness Application No. Z-
09053 for the City of Bozeman Lower Yards Shop/HRDC Bus Facility and Sand Storage
Building.
2:13:50 Cr. Becker
Cr. Becker spoke regarding the public agency exemption.
2:16:52 Cr. Krauss
Cr. Krauss spoke regarding screening.
2:18:46 Cr. Bryson
Cr. Bryson spoke regarding screening. He would like this to be done immediately and not wait
for lilacs bushes to grow over time.
2:20:30 Vote on the Motion to approve the Public Agency Exemptions requested for the
Site Plan/ Certificate of Appropriateness Application No. Z-09053 for the City of Bozeman
Lower Yards Shop/HRDC Bus Facility and Sand Storage Building.
Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
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2:20:37 Motion and Vote to approve (the Site Plan/Certificate of Appropriateness
Application No. Z-09053 with the conditions and code provisions outlined in the staff
report.)
It was moved by Cr. Becker, seconded by Cr. Krauss to approve (the Site Plan/Certificate
of Appropriateness Application No. Z-09053 with the conditions and code provisions
outlined in the staff report.)
Those voting Aye being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:21:04 4. Resolution No. 4163, Adopting the Bozeman Community Plan Growth Policy
No. P-07006 (Public Hearing) (Saunders)
2:27:24 Chris Saunders
Mr. Saunders stated that the Commission has received a memo from staff addressing some of the
questions that the Commission has had on the Bozeman Community Plan Growth Policy from
prior meetings.
2:28:02 Public Comment
Mayor Jacobson opened public comment.
2:28:22 Joby Sabol, Public Comment
Mr. Sabol stated that he is here on behalf of Churn Creek which is adjacent to the Rugheimer
family property. There are services on the Rugheimer property and these areas have been subject
to development in the past. The plans for the past development of this land have been submitted
to the City 2 years ago.
2:31:31 Brian Gallik-Goetz Law Firm, Public Comment
Mr. Gallik stated that he is here on behalf of Mike Delaney's wife Ileana and Delaney &
Company. They object to the 2020 plans update in respect to the land use map in regards to the
zoning of their property.
2:33:01 Al Lein, Public Comment
Mr. Lein of 8507 Huffine Lane spoke regarding that the 2020 and understands that it is a big
picture plan. He supports the agriculture part of the plan. He spoke regarding storm water.
2:35:31 Paul Rugheimer , Public Comment
Mr. Rugheimer of 506 Oxford Drive showed a power point map. He pointed out areas on his
property where sewer and water are located. He showed areas of future development on his land.
He stated that the development will take place within 20 years and is incorrectly identified in the
plan.
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2:39:08 Pat Martin, Public Comment
Mr. Martin of 2771 Deer Creek Drive spoke regarding the process of updating the plan. He
spoke regarding public interaction and dialog. He is concerned about this and feels that it was
lost at the Planning Board stage.
2:43:00 Public Hearing closed
Mayor Jacobson closed the public hearing.
2:43:01 Mayor Jacobson
Mayor Jacobson recapped prior meetings regarding the Community Plan.
2:45:09 Tim Cooper, Assistant City Attorney
Mr. Cooper spoke regarding the process.
2:45:34 Mayor Jacobson
Mayor Jacobson identified the issues listed for discussion that public comments were received
on.
2:47:21 Mayor Jacobson
Mayor Jacobson recapped the Commission's discussion areas from prior meetings.
2:48:55 Mayor Jacobson
Mayor Jacobson began the discussion with item #1. Ag Water Use Facilities.
2:49:03 Mr. Saunders
Mr. Saunders highlighted state law regarding Ag Water User Facilities.
2:51:48 Mr. Saunders
Mr. Saunders stated that this is addressed on page 15-3 of the actual document.
2:53:42 Motion and Vote to take out the words "whenever possible" on page 15-3, 15.3.2
Agricultural Water User Facilities, paragraph 2.
It was moved by Cr. Krauss, seconded by Cr. Bryson to take out the words "whenever
possible" on page 15-3, 15.3.2 Agricultural Water User Facilities, paragraph 2.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:54:15 Cr. Rupp
Cr. Rupp spoke regarding the burden of maintenance falling to the remaining water users.
2:58:46 Motion to strike "The burden of maintenance falls to the remaining water users."
on page 15-3, 15.3.2 Agricultural Water User Facilities, paragraph 2.
It was moved by Cr. Rupp, seconded by Cr. Krauss to strike "The burden of maintenance
falls to the remaining water users." on page 15-3, 15.3.2 Agricultural Water User Facilities,
paragraph 2.
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3:03:06 Vote on the Motion to strike "The burden of maintenance falls to the remaining
water users." on page 15-3, 15.3.2 Agricultural Water User Facilities, paragraph 2.
Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:03:21 Mayor Jacobson
Mayor Jacobson stated that the next items are the number of miles of paths, bike trails, etc.
addressed in the plan.
3:03:59 Mr. Saunders
Mr. Saunders stated the staff would like to see the latest annexation map included.
3:04:42 Motion and Vote to direct staff to include updated information as is available plus
the sand and gravel text and the inclusion of the annexation map and city area, bicycle
facility information. (A.2.4 Sand and Gravel resources).
It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to include updated
information as is available plus the sand and gravel text and the inclusion of the annexation
map and city area, bicycle facility information. (A.2.4 Sand and Gravel resources).
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:05:07 Mayor Jacobson
Mayor Jacobson stated that the next area is related to Manufactured housing.
3:06:00 Mr. Saunders
Mr. Saunders spoke regarding the definition of a mobile home.
3:09:12 Motion to approve the manufactured housing section (no change.)
It was moved by Cr. Bryson, seconded by Cr. Krauss to approve the manufactured housing
section (no change.)
3:09:35 Cr. Krauss
Cr. Krauss wondered if section by section needed to be approved.
3:09:40 Second to the motion withdrawn.
Cr. Krauss withdrew his second to approve the manufactured housing section (no change.)
3:09:46 Motion withdrawn
Cr. Bryson withdrew his motion to approve the manufactured housing section (no change.)
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3:09:53 Mayor Jacobson
Mayor Jacobson stated that the next section is regarding to 3 Commission driven edits as brought
up in prior meetings. These include a Town Gown reference, Climate action plan, and the
Streamline system.
3:14:22 Motion to approve (Commission suggested edits) A. B. taking out the word "from"
from the second in section of language and adding the Climate Action Plan in the text box.
C. with changes to the language on page 11-8 paragraph 3, "In 2006 a new general transit
system, transit system, Streamline, was initiated as a joint project by HRDC and ASMSU.
Additional partners were City of Bozeman, City of Belgrade, MSU, MDT, Gallatin County,
and Bozeman Deaconess Hospital."
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve (Commission suggested
edits) A. B. taking out the word "from" from the second in section of language and adding
the Climate Action Plan in the text box. C. with changes to the language on page 11-8
paragraph 3, "In 2006 a new general transit system, transit system, Streamline, was
initiated as a joint project by HRDC and ASMSU. Additional partners were City of
Bozeman, City of Belgrade, MSU, MDT, Gallatin County, and Bozeman Deaconess
Hospital."
3:16:29 Vote on the Motion to approve (Commission suggested edits) A. B. taking out the
word "from" from the second in section of language and adding the Climate Action Plan in
the text box. C. with changes to the language on page 11-8 paragraph 3, "In 2006 a new
general transit system, transit system, Streamline, was initiated as a joint project by HRDC
and ASMSU. Additional partners were City of Bozeman, City of Belgrade, MSU, MDT,
Gallatin County, and Bozeman Deaconess Hospital."
Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none.
The motion 5-0.
3:16:36 Mayor Jacobson
Mayor Jacobson explained that the next section relates to the Economic Development Plan.
3:17:51 Motion and Vote to incorporate both plans (Economic Development Plan and
North 7th Urban Renewal District Plan) in the Economic Development Chapter.
It was moved by Cr. Krauss, seconded by Cr. Bryson to incorporate both plans (Economic
Development Plan and North 7th Urban Renewal District Plan) in the Economic
Development Chapter.
Those voting Aye being Crs. Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none. (Cr. Rupp stepped out of the room)
The motion passed 4-0.
3:18:18 Mayor Jacobson
Mayor Jacobson stated that the next area to be addressed is the complete streets.
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3:19:06 Mayor Jacobson
Mayor Jacobson stated that the next area to be addressed is the future land use maps.
3:19:40 Motion to exclude all substantially (80%) built out County Subdivisions from the
future urban boundary.
It was moved by Cr. Krauss, seconded by Cr. Bryson to exclude all substantially (80%)
built out County Subdivisions from the future urban boundary.
3:26:07 Mr. Saunders
Mr. Saunders spoke regarding the outer boundaries.
3:36:58 Ms. Ulmen
Ms. Ulmen read back the motion.
3:37:23 Vote on the Motion to exclude all substantially (80%) built out County Subdivisions
from the future urban boundary.
Those voting Aye being Cr. Krauss.
Those voting No being Crs. Bryson, Rupp, Becker, and Mayor Jacobson
The motion failed 1-4.
3:37:31 Motion to approve a change the paragraph that describes the Urban Residential to
eliminate the language "by lots 2 acres or less" and include "characterized by subdivisions
being built out 80% or more."
It was moved by Cr. Krauss, seconded by Cr. Bryson to change the paragraph that
describes the Urban Residential to eliminate the language "by lots 2 acres or less" and
include "characterized by subdivisions being built out 80% or more."
3:42:17 Vote on the Motion to approve a change the paragraph that describes the Urban
Residential to eliminate the language "by lots 2 acres or less" and include "characterized
by subdivisions being built out 80% or more."
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:42:28 Cr. Krauss
Cr. Krauss spoke regarding reducing the area contemplated in the document south of Goldenstein
Lane.
3:56:46 Chris Mehl, Planning Board Member
Mr. Mehl stated that by shrinking the boundaries it would be a significant change. If the
Commission wishes to change it, it will need to come back to the Planning Board.
4:05:50 Motion to exclude from Future Urban and to include as residential (for the private
lands at least), the area previously voted to be annexed and submitted as a sub area plan as
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part of the Churn Creek application to exclude from Future Land to be included as
Residential (for the privately owned lands) as suggested in the letter from Susan Swimley
and the testimony tonight from Joby Sabol.
It was moved by Cr. Krauss, seconded by Cr. Becker (reitterated later) to exclude from
Future Urban and to include as residential (for the private lands at least), the area
previously voted to be annexed and submitted as a sub area plan as part of the Churn
Creek application to exclude from Future Land to be included as R (Residential, for the
privately owned lands) as suggested in the letter from Susan Swimley and the testimony
tonight from Joby Sabol.
4:21:57 Mayor Jacobson
Mayor Jacobson asked that the motion be read back.
4:24:12 Vote to exclude from Future Urban and to include as residential (for the private
lands at least), the area previously voted to be annexed and submitted as a sub area plan as
part of the Churn Creek application to exclude from Future Land to be included as R
(Residential, for the privately owned lands) as suggested in the letter from Susan Swimley
and the testimony tonight from Joby Sabol.
Those voting Aye being Crs. Krauss, Becker and Bryson.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
4:25:22 Cr. Krauss
Cr. Krauss asked that the Norton Development issue.
4:25:47Mr. Saunders
Mr. Saunders showed the area and stated that there was a growth policy amendment.
4:31:28 Motion to include the Growth Policy designation to Business park mixed use for
the entire property.
It was moved by Cr. Krauss, seconded by Cr. Bryson to include the Growth Policy
designation to Business Park mixed use for the entire property.
4:34:05 Mr. Saunders
Mr. Saunders spoke regarding the definition of business park use.
4:38:29 Vote on the motion to include the Growth Policy designation to Business park
mixed use for the entire property.
Those voting Aye being Crs. Krauss, Bryson, and Becker.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
4:40:08 Break
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4:50:15 Mayor Jacobson
Mayor Jacobson spoke regarding the outer boundary of the planning area.
4:51:00 Cr. Krauss
Cr. Krauss stated that there are still questions regarding the Urban Zoning Designations that need
to be discussed further.
4:51:57 Motion to continue (Resolution No. 4163, Adopting the Bozeman Community Plan
Growth Policy No. P-07006).
It was moved by Cr. Bryson, seconded by Cr. Krauss to continue (Resolution No. 4163,
Adopting the Bozeman Community Plan Growth Policy No. P-07006).
4:52:16 Mr. Saunders
Mr. Saunders asked if the Commission would include a date certain in the motion.
4:52:22 Cr. Krauss
Cr. Krauss stated that he would like staff to determine a date.
4:52:40 Cr. Krauss
Cr. Krauss asked Mr. Cooper how public comment should be received in the interim on this
subject.
4:52:53 Mr. Cooper
Mr. Cooper reminded the Commission that the public hearing has been closed.
4:58:35 Vote on the Motion to continue (Resolution No. 4163, Adopting the Bozeman
Community Plan Growth Policy No. P-07006).
Those voting Aye Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
4:58:58 Motion and Vote to suspend the rules until 10:15 p.m.
It was moved by Cr. Bryson, seconded by Cr. Rupp to suspend the rules until 10:15 p.m.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
4:59:14 5. Ordinance No. 1761, Amendments to Title 18, Unified Development
Ordinance No. Z-08041 (Public Hearing) (Saunders)
4:59:22 Motion to Open and Continue Ordinance No. 1761, Amendments to Title 18,
Unified Development Ordinance No. Z-08041 to May 18, 2009.
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5:02:42 Vote on the Motion to open and Continue Ordinance No. 1761, Amendments to
Title 18, Unified Development Ordinance No. Z-08041 to May 18, 2009.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
5:02:51 J. FYI/Discussion
5:02:57 1. Impact fee Schedule Discussion
Mr. Kukulski stated that the Commission had spoke in the past regarding altering the
implementation of impact fees.
5:03:49 Cr. Rupp
Cr. Rupp would like to continue upon the course of action that has already been adopted
5:04:07 2. Blast Loan update.
Mr. Kukulski spoke regarding the Blast Loan update. This will be on the Consent agenda next
week.
5:04:57 3. Planning and Building fees.
Mr. Kukulski spoke regarding an activity based audit for building. The plan would be around
$18,000. He thought that he heard clear direction not to pursue due to the economy.
5:06:48 4. Budget Materials
5:06:49 Mayor Jacobson
Mayor Jacobson asked about the budget schedule.
5:06:54 Mr. Kukulski
Mr. Kukulski stated within 2 weeks.
5:07:26 5. Planning Department
Cr. Rupp spoke regarding his appreciation of the Planning Department has stepped forward and
staffed many projects.
5:08:39 K. Adjournment
Mayor Jacobson adjourned the meeting at 10:12 p.m.
________________________________
Kaaren Jacobson, Mayor
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ATTEST:
_____________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, CMC, City Clerk
Approved on __________________________.
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