HomeMy WebLinkAboutAugust 3, 2009 Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 3, 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, August 3, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr.
Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director
Anna Rosenberry, Planning Director Andy Epple, City Attorney Greg Sullivan and Deputy City
Clerk Aimee Kissel.
A budget discussion took place from 4 to 6 p.m. prior to the regular meeting. City Clerk Stacy
Ulmen was present and prepared the minutes for the budget portion of the meeting.
0:04:41 A. Call to Order – 4 p.m. – 6 p.m. Commission Room, City Hall, 121 North
Rouse
Mayor Jacobson called the meeting to order.
0:04:53 B. Budget Discussion – General Fund: Police Department, Fire Department,
City Attorney’s Office and Municipal Courts
0:05:02 Chris Kukulski, City Manager
Mr. Kukulski stated that tonight's presentation is regarding the Public Safety portion of the
General Fund.
0:06:19 Police Department
0:06:19 Anna Rosenberry, Finance Director
Ms. Rosenberry stated that the Police Department's budget is recommended at $6.2 million. She
spoke regarding the officer positions, Police vehicles and mobile data terminals. She spoke
regarding the mid-year budget cuts and the Heart of the Valley contract for animal control.
0:10:26 Cr. Krauss
Cr. Krauss spoke regarding the Animal Control Officer and a City wide Parking Officer.
0:11:04 Ms. Rosenberry
Ms Rosenberry stated that those positions are not in the budget right now. If they need to be
included, we will need to find funding for them. DRAFT5
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0:13:03 Ms. Rosenberry
Ms. Rosenberry spoke regarding a 1/4 time animal control position.
0:13:53 Cr. Bryson
Cr. Bryson spoke regarding the Public Safety Mill Levy. He asked what the staffing levels were
in 2008.
0:14:39 Mark Tymrak, Chief of Police
Mr. Tymrak spoke regarding staffing levels.
0:21:33 Cr. Bryson
Cr. Bryson spoke regarding administration support staff.
0:22:38 Cr. Bryson
Cr. Bryson spoke regarding coordination with GIS for live interactive mapping.
0:23:42 Cr. Bryson
Cr. Bryson stated that the County is looking at the same thing.
0:24:32 Cr. Bryson
Cr. Bryson spoke regarding implementing better Sexual and Violent Offender address
compliance checks.
0:25:20 Cr. Bryson
Cr. Bryson spoke regarding work load indicators.
0:25:53 Mr. Tymrak
Mr. Tymrak stated that the information is available.
0:26:28 Cr. Becker
Cr. Becker spoke regarding the patrol cars.
0:28:03 Cr. Becker
Cr. Becker spoke regarding the Command Sergeant.
0:28:11 Mr. Tymrak
Mr. Tymrak stated that there are currently only 5 Sergeants currently in the department.
0:29:36 Cr. Becker
Cr. Becker spoke regarding the possibility of promoting a temporary Sergeant.
0:30:17 Cr. Becker
Cr. Becker spoke regarding the amount of officers on a shift.
0:31:04 Cr. Rupp
Cr. Rupp wondered if the parking was included in the budget information.
0:31:20 Ms. Rosenberry
Ms. Rosenberry spoke regarding parking control and enforcement.
0:33:05 Cr. Rupp DRAFT6
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Cr. Rupp spoke regarding the patrol vehicle that is proposed to be replaced.
0:33:22 Marty Kent, Patrol Division
Mr. Kent spoke regarding the rotation of the patrol cars.
0:34:13 Cr. Rupp
Cr. Rupp spoke regarding the amount of officers per shift.
0:34:52 Cr. Rupp
Cr. Rupp spoke regarding the Leadership in the Police Department.
0:35:07 Mr. Kukulski
Mr. Kukulski stated that he has concerns regarding retention.
0:36:23Mayor Jacobson
Mayor Jacobson asked how our pay scales are compared to others.
0:36:27 Mr. Kukulski
Mr. Kukulski stated that the City pays competitively.
0:37:50 Mayor Jacobson
Mayor Jacobson spoke regarding the cost of housing in Bozeman.
0:38:49 Mr. Tymrak
Mr. Tymrak spoke regarding trends in Police Departments. He conducted a study on this.
0:41:24 Mayor Jacobson
Mayor Jacobson stated that it is important to keep in mind that this is a difficult career.
0:41:35 Cr. Bryson
Cr. Bryson spoke regarding not cutting public safety.
0:42:38 Ms. Rosenberry
Ms. Rosenberry spoke regarding the mid-year savings.
0:43:49 Cr. Becker
Cr. Becker spoke regarding the Spay and Neuter Task Force.
0:44:04 Mr. Kukulski
Mr. Kukulski spoke regarding animal control.
0:44:23 Ms. Rosenberry
Ms. Rosenberry spoke regarding the tax number.
0:45:11Cr. Becker
Cr. Becker spoke regarding the Sergeant promotion. He wants to make sure that the Spay Neuter
clinic stays on the table one way or another.
0:46:37 Cr. Krauss
Cr. Krauss stated that he does not want money spent until we have it. DRAFT7
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0:48:47 Fire Department
0:48:51 Ms. Rosenberry
Ms. Rosenberry stated that there is a $4.2 million dollar budget. She spoke regarding the Fire
Station 3, the training facility construction, and reductions regarding vacancy savings.
0:50:26 Cr. Bryson
Cr. Bryson spoke regarding projections.
0:50:52 Jason Shrauger, Fire Chief
Mr. Shrauger spoke regarding call classification.
0:51:53 Cr. Bryson
Cr. Bryson spoke regarding business inspections.
0:52:04 Mr. Shrauger
Mr. Shrauger spoke regarding the fire inspection program.
0:54:21 Legal Department
0:54:24 Ms. Rosenberry
Ms. Rosenberry stated that the Legal Department's budget is a little over $600,000 this year. She
spoke regarding temporary administrative assistant time, an intern prosecutor, and legal research.
0:55:45 Cr. Bryson
Cr. Bryson spoke regarding the revenue of the Victim Witness surcharge.
0:57:00 Greg Sullivan, City Attorney
Mr. Sullivan spoke regarding the funding balance of the Victim's Witness.
0:59:23 Mr. Kukulski
Mr. Kukulski spoke regarding the criminal justice system.
1:02:54 Municipal Courts
1:02:59 Ms. Rosenberry
Ms. Rosenberry spoke regarding funding for the opening of a second court.
1:06:35 Ms. Rosenberry
Ms. Rosenberry spoke regarding the funding for the second municipal court.
1:07:38 Cr. Bryson
Cr. Bryson spoke regarding a long term solution.
1:09:51 Cr. Rupp
Cr. Rupp spoke required a proposed campus.
1:10:52 Chuck Winn, Assistant City Manager
Mr. Winn spoke regarding the proposed size needed for a second municipal court.
1:11:42 Mayor Jacobson DRAFT8
Minutes of the Bozeman City Commission Meeting, August 3, 2009
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Mayor Jacobson adjourned the budget portion of the meeting at 5:23 p.m.
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
0:00:30 C. Call to Order Regular Meeting - 6 p.m. - Commission Room, City Hall, 121
North Rouse
Mayor Jacobson called the regular portion of the meeting to order at 6 p.m.
0:00:38 D. Pledge of Allegiance and a Moment of Silence
0:01:09 E. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:01:14 Chris Kukulski, City Manager
Mr. Kukulski said there were no changes to the agenda.
0:01:19 F. Public Service Announcement
0:01:22 1. East Gallatin Recreation Area Update (White)
0:02:00 Thom White, Superintendent of Parks and Cemetery
Mr. White gave a presentation regarding a new building with two restrooms, changing rooms,
storage area and concession area. This project was spearheaded by the Sunrise Rotary Club who
were recipients of a $43,000 park improvement grant and they have exceeded their match. Mr.
White thanked the Sunrise Rotary Club as well as Swanson Construction, the Parks Division and
all of the volunteers.
0:03:34 2. Swim Center HVAC System Update (McCarthy)
0:03:57 Dan McCarthy, Parks Director
Mr. McCarthy presented information regarding the summer construction at the swim center
including the new HVAC system.
0:11:44 G. Minutes - June 8, 2009, June 22, 2009, June 26, 2009 Joint City-Town/County
Meeting, June 29, 2009 Special Meeting DRAFT9
Minutes of the Bozeman City Commission Meeting, August 3, 2009
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0:11:54 Motion and Vote to approve the Minutes of the regular meeting of June 8, 2009,
June 22, 2009, and the June 26, 2009 Joint City-Town/County Meeting, June 29, 2009
Special meeting.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes of the regular
meeting of June 8, 2009, June 22, 2009, the June 26, 2009 Joint City-Town/County Meeting,
and the Special meeting of June 29, 2009.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:12:22 H. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve Buttrey's Solvent Site Cost Recovery in the amount of $7,348.75
(Cooper)
3. Approve Resolution No. 4198 and Authorize City Manager to sign CMC East
Main Depot Asbestos Cleanup Change Order No. 4 (Johnson)
0:12:29 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:12:36 Motion and Vote to approve Consent Items H. 1-3.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items H. 1-3.
Those voting Aye being Crs. Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being Cr. Rupp because of item no. 2.
The motion passed 4-1.
0:12:54 I. Public Comment
Mayor Jacobson opened public comment.
0:13:14 John Gerster, Public Comment
Mr. Gerster of 719 North Wallace Ave. spoke against changes to the City’s development
noticing procedures and does not feel these notices should be moved into the legal section of the
paper and feels they should still include maps.
0:16:23 Chris Wilcox, Public Comment
Mr. Wilcox of 1120 Willson spoke regarding Soroptomist Park's drinking fountain not working.
He also feels public comment should be a discussion format. DRAFT10
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0:18:11 Lois Wambolt, Public Comment
Ms. Wambolt of 1139 South Cedarview Drive spoke against allowing chickens within the City
citing among other things that chickens are dirty, noisy and smelly. (See written public
comment.)
0:21:20 Scott Bischke, Public Comment
Mr. Bischke of 3940 Graf St. was part of the citizen's group that presented the citizens action
plan last year. After seeing Ms. Meyer's report regarding this document on this agenda, he said
thank you and congratulations. He would strongly encourage the City to operationalize those
plans. He feels the City plan was a good way to start. There are a number of volunteers working
on sustainability issues. He also mentioned how intertwined climate change issues are to
sustainability issues.
0:24:17 Wendy Weaver, Public Comment
Ms. Weaver with Sanderson Stewart at 705 Osterman Drive represented the Bozeman
Sustainability Group. They've been meeting since May, 2008 to address sustainability in the
Bozeman Community and how it has affected the built environment. They are working on a
Sustainability Program. They would like to provide recommendations to Hattie Baker and feel
sustainability and climate action are tied together.
0:26:21 Keith Meyer, Public Comment
Mr. Meyer with Thomas, Dean & Hoskins at 215 West Mendenhall is a member of the Bozeman
Sustainability Group. He feels there is a way for the various related groups to work together.
0:27:29 Auto Pohle, Public Comment
Mr. Pohle of 607 South 7th spoke in favor of urban chickens and feels the proposals being
considered for urban chickens are smart and fit well with sustainability.
0:28:19 Public comment closed.
Seeing no further public comment, Mayor Jacobson closed public comment.
0:28:27 J. Special Presentations
0:28:48 1. Northwestern Energy Infrastructure Update (Mel Kotur, Northwestern
Energy Representative)
0:28:53 Mel Kotur, Northwestern Energy
Mel Kotur, the manager of community relations in the Bozeman Division of Northwestern
Energy provided a representation regarding system integrity infrastructure work on gas lines
Northwestern Energy is planning in downtown Bozeman. He referred to a map and a packet of
information provided to the Commission. The work is scheduled to begin August 10th with
completion in mid October. DRAFT11
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0:40:49 2. Community Emissions Inventory for Mayor's Climate Protection Agreement
(Hattie Baker, Sustainability Consultant)
0:41:28 Hattie Baker, Sustainable Planning Solutions
Ms. Baker gave a presentation on the Community Emissions inventory for the Mayor's Climate
Protection Agreement. She also spoke regarding the possibility of combining the Climate
Protection Plan with a broader Sustainability Plan and her willingness to work with other groups
on this project.
1:05:45 K. Action Items
1:05:53 1. Custodial Contracts for City Owned Buildings for Fiscal Year 2009–2010
(Tabled from July 27, 2009) (Goehrung, Rosenberry, Winn)
1:06:16 Motion and vote to take this item off the table.
It was moved by Cr. Bryson, seconded by Cr. Rupp to take this item off the table.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:06:33 James Goehrung, Director of Facilities
Mr. Goehrung presented the staff report on this item.
1:20:26 Public Comment
Mayor Jacobson opened public comment.
1:20:33 Chris Wilcox, Public Comment
Mr. Wilcox spoke against the custodial service provider.
1:21:55 Ron Farmer, Public Comment
Mr. Farmer of 3030 Prairie Smoke Road is chair of the Public Library Board of Trustees. He
feels one of the issues is to consider whether the cost of the service provided to the Library is a
reasonable number. He offered some comments towards this issue and feels the cost is within
reason.
1:24:15 Ron Farmer, Public Comment
Mr. Farmer responded to a question from Cr. Krauss.
1:25:04 Alice Meister, Public Library Director
Ms. Meister responding to a question from Cr. Krauss indicated that the Library has already
taken a twenty hour a week cut in personnel costs. She also spoke regarding the high volume of
people utilizing the facility. She also said she is highly satisfied with the work that Dust Bunnies
provides as well as James Goehrung. DRAFT12
Minutes of the Bozeman City Commission Meeting, August 3, 2009
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1:27:45 Public comment closed.
Seeing no further public comment, Mayor Jacobson closed public comment and the public
hearing.
1:27:58 Mayor Jacobson
Mayor Jacobson said there is a motion on the table from last week, moved by Cr. Rupp,
seconded by Cr. Becker to award the contract.
1:28:16 Cr. Bryson
Cr. Bryson thanked staff for providing all of the information that was requested during the last
meeting. He feels there should be some way to come up with a more cost effective way to clean
our facilities but it doesn't appear with the report that we have an option to do that right now. He
does feel we should consider changing the nature of services provided or having staff take on
more of their work areas. He would encourage staff to consider ways in which we can reduce
this expenditure next year.
1:29:16 Cr. Krauss
Cr. Krauss spoke regarding the need to review priorities in light of cost saving measures such as
staff reduction versus cleaning. He would like staff to review the frequency of cleaning in the
future.
1:32:13 Mayor Jacobson
Mayor Jacobson feels the City should look at the long term and wear and tear on the buildings,
carpets, etc.
1:34:24 Cr. Becker
Cr. Becker pointed out the only frequency listed in the office areas is vacuuming and emptying
of receptacles on a weekly basis. He agrees that these are assets that we need to invest in.
1:37:01 Mayor Jacobson
Mayor Jacobson called for the vote.
1:37:12 Vote on the motion to award the 2009-2010 custodial contract for City owned
buildings as outlined in the staff report.
Those voting Aye being Crs. Rupp, Becker, Bryson and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion passed 4-1.
1:37:58 2. Lower Yards/Human Resource Development Council (HRDC) First Minor
Subdivision with Variances No. P-09004 (Public Hearing) (Krueger) DRAFT13
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1:38:11 Cr. Rupp
Cr. Rupp recused himself from the discussion due to the fact that part of the application is from
his employer, the Human Resource Development Council.
1:38:25 Mayor Jacobson
Mayor Jacobson opened the public hearing on this item with the beginning of Mr. Krueger's
presentation.
1:38:35 Cr. Krauss
Cr. Krauss asked whether variance requests require Aye votes from 75% of the Commission for
approval.
1:39:01 Mr. Sullivan
Mr. Sullivan responded to Cr. Krauss's question saying he did not think that would be the case
and just a majority would be needed.
1:39:16 Andy Epple, Planning Director
Mr. Epple said that all seven of the variances on this item are sub-division variances and so
would only need a majority of the Commission to approve.
1:39:38 Brian Krueger, Associate Planner
Mr. Krueger presented the staff report on this item and reviewed the variances being requested.
1:55:45 Cr. Becker
Cr. Becker asked about the waiver right to protest and the encumbering of title that had been
discussed previously.
1:56:05 Dustin Johnson, Project Engineer
Mr. Johnson said we can sign a waiver to right of protest if necessary.
1:56:50 Debbie Arkell, Public Services Director, speaking as the applicant
Ms. Arkell gave a presentation from the City's perspective as applicant.
2:04:52 Lee Hazelbaker, Director of Transportation Services for HRDC
Mr. Hazelbaker gave a short applicant presentation on this item and requested that variance #2 be
granted as requested.
2:09:27 Public Comment
Mayor Jacobson opened public comment.
2:09:47 Deepu Philip, Public Comment
Mr. Philip works as a coordinator for Streamline and represents the associated students of the
Montana State University. He read a letter from ASMSU that included information regarding
the history of Streamline and what a large financial stakeholder the ASMSU is. ASMSU is
concerned about the deterioration of the inventory of Streamline. They asked for the DRAFT14
Minutes of the Bozeman City Commission Meeting, August 3, 2009
11
Commissions support of this project. Mr. Philip also spoke regarding his experience with getting
Streamline started and the thought process regarding the initial partnership.
2:13:11 Greg Poncelet, Public Comment
Mr. Poncelet resides next to the applicant property. He made a request for the sewer service line
to be extended to his property line.
2:14:55 Greg Poncelet, Public Comment
Mr. Poncelet responded to a question from Cr. Becker saying he is within the City.
2:15:07 Public comment and public hearing closed.
Seeing no further public comment, Mayor Jacobson closed the public hearing and public
comment.
2:15:57 Motion to grant variance #1, section 18.44 and 18.42.150 to allow the development
of the subject subdivision without compliance to those sections to which specify upgrades to
adjacent streets including street lighting under section 18.42.150.C for North Rouse
Avenue.
It was moved by Cr. Krauss, seconded by Cr. Bryson to grant variance #1, section 18.44
and 18.42.150 to allow the development of the subject subdivision without compliance to
those sections to which specify upgrades to adjacent streets including street lighting under
section 18.42.150.C for North Rouse Avenue.
2:16:26 Cr. Krauss
Cr. Krauss explained his findings on the motion. He said that this 'subdivision' is a 99 year
lease to allow the location of this building not subdividing for development or anything else.
He does not see that granting a variance could be detrimental to the public health, safety or
public welfare or be injurious to adjoining properties. The other properties are mainly
industrial and have existing uses. This use will be serviced by the same drives that the
current use is and re-doing the roadway, it will just be torn out again. The physical
surroundings shape and topographical condition, if you look at the lease is so far away
from Rouse Ave. it has no physical connection it isn't detrimental to anything and you can
see there is no substantial public cost. Quite the opposite; if we put in the improvements
and they were torn out it would double the cost. We are not in non-conformance of any
other provisions of this title or growth policy.
2:19:09 Mayor Jacobson
Mayor Jacobson began discussion on the motion.
2:24:02 Vote on the motion to grant variance #1, section 18.44 and 18.42.150 to allow the
development of the subject subdivision without compliance to those sections to which
specify upgrades to adjacent streets including street lighting under section 18.42.150.C for DRAFT15
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North Rouse Avenue. The findings on the motion are as follows: this 'subdivision' is a 99
year lease to allow the location of this building not subdividing for development or
anything else. He does not see that granting a variance could be detrimental to the public
health, safety or public welfare or be injurious to adjoining properties. The other
properties are mainly industrial and have existing uses. This use will be serviced by the
same drives that the current use is and re-doing the roadway, it will just be torn out again.
The physical surroundings shape and topographical condition, if you look at the lease is so
far away from Rouse Ave. it has no physical connection it isn't detrimental to anything and
you can see there is no substantial public cost. Quite the opposite; if we put in the
improvements and they were torn out it would double the cost. We are not in non-
conformance of any other provisions of this title or growth policy.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:24:22 Motion and vote to use the same findings as variance #1 to grant variance #2 to
allow the subject subdivision without compliance with Section 18.44, and 18.42.150.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:24:56 Motion and vote seeing that variance #3 was supported by staff and the planning
board and using the findings that staff presented, move to grant variance #3, Section
18.42.080.D, to allow the development of the subject subdivision with a storm water
detention area located on a private lot and not on a common/separate lot.
It was moved by Cr. Krauss, seconded by Cr. Bryson seeing that variance #3 was
supported by staff and the planning board and using the findings that staff presented,
move to grant variance #3, Section 18.42.080.D, to allow the development of the subject
subdivision with a storm water detention area located on a private lot and not on a
common/separate lot.
Those voting Aye being Crs.Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:25:43 Motion and vote because variance #4 is also supported by staff and the planning
board and using the findings expressed by the board, move to grant variance #4, Section
18.06.040.D.1 and 18.44.090.B.2, to allow the development of the subject subdivision
without physical access. DRAFT16
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It was moved by Cr. Krauss, seconded by Cr. Bryson because variance #4 is also supported
by staff and the planning board and using the findings expressed by the board, move to
grant variance #4, Section 18.06.040.D.1 and 18.44.090.B.2, to allow the development of the
subject subdivision without physical access.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:26:28 Motion and Vote seeing that variance #5 was supported by staff and the planning
board and using the findings expressed in the staff report, motion to approve variance #5,
Section 18.38.030.D.1, to allow the development of the subject subdivision without
providing separate site utility infrastructure to the lease parcel.
It was moved by Cr. Krauss, seconded by Cr. Bryson seeing that variance #5 was
supported by staff and the planning board and using the findings expressed in the staff
report, motion to approve variance #5, Section 18.38.030.D.1, to allow the development of
the subject subdivision without providing separate site utility infrastructure to the lease
parcel.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:27:11 Motion and Vote, seeing that variance #6 is supported by planning board and staff
and using the findings used in the staff report, motion to approve variance #6, Section
18.42.060.B.2.a, to allow the development of the subject subdivision without the
requirement of the minimum required private utility easement.
It was moved by Cr. Krauss, seconded by Cr. Bryson, seeing that variance #6 is supported
by planning board and staff and using the findings cited in the staff report, motion to
approve variance #6, Section 18.42.060.B.2.a, to allow the development of the subject
subdivision without the requirement of the minimum required private utility easement.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:29:48 Motion and Vote finding that we are putting a lease on a parcel on a building that
we are sharing on the extreme southeast corner of the property and staff is asking us to run
a sewer line down Griffin Drive that will not be used by this property at all or this
subdivision or this lease but is instead to be used by adjacent properties. We are essentially
saying because you are doing this we are making you put in a piece of city infrastructure DRAFT17
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that has no connection to the subdivision that you are doing. There is already a connection
there and this building can hook to the existing sewer line, the granting of this variance will
not be detrimental to the public health, safety or general welfare of the public and will not
be injurious to adjoining properties. The adjoining properties are in the same position they
were in yesterday. Because of the physical surroundings there would be an undue hardship
to the owner. We'd be running a sewer line for someone else. Granting the variance does
not cause a substantial increase in public cost, because only by doing it would there be a
substantial increase in public cost. This variance does not place the subdivision in
nonconformance with other areas because we are already addressing the other provisions
with the other variances. Finding the above, move that we grant variance #7, Section
18.42.070.A.3, to allow the development of the subject subdivision without requiring the
extension of municipal services to the adjoining undeveloped land.
It was moved by Cr. Krauss, seconded by Cr. Bryson finding that we are putting a lease on
a parcel on a building that we are sharing in the extreme southeast corner of the property
and staff is asking us to run a sewer line down Griffin Drive that will not be used by this
property at all or this subdivision or this lease but is instead to be used by adjacent
properties. We are essentially saying because you are doing this we are making you put in
a piece of city infrastructure that has no connection to the subdivision that you are doing.
There is already a connection there and this building can hook to the existing sewer line,
the granting of this variance will not be detrimental to the public health, safety or general
welfare of the public and will not be injurious to adjoining properties. The adjoining
properties are in the same position they were in yesterday as they will be tomorrow. The
physical surroundings there would be an undue hardship to the owner. We'd be running a
sewer line for someone else. Granting the variance does not cause a substantial increase in
public cost, because only by doing it would there be a substantial increase in public cost.
This variance does not place the subdivision in nonconformance with other provisions
because we are already addressing the other provisions with the other variances. Finding
the above, move that we grant variance #7, to Section 18.42.070.A.3, to allow the
development of the subject subdivision without requiring the extension of municipal
services to the adjoining undeveloped land.
2:33:15 Cr. Bryson
Cr. Bryson began discussion on the motion.
2:40:52 Mr. Poncelet, Neighbor
Mr. Poncelet spoke to this issue.
2:42:35 Vote on the Motion finding that we are putting a lease on a parcel on a building
that we are sharing in the extreme southeast corner of the property and staff is asking us to
run a sewer line down Griffin Drive that will not be used by this property at all or this
subdivision or this lease but is instead to be used by adjacent properties. We are essentially DRAFT18
Minutes of the Bozeman City Commission Meeting, August 3, 2009
15
saying because you are doing this we are making you put in a piece of city infrastructure
that has no connection to the subdivision that you are doing. There is already a connection
there and this building can hook to the existing sewer line, the granting of this variance will
not be detrimental to the public health, safety or general welfare of the public and will not
be injurious to adjoining properties. The adjoining properties are in the same position they
were in yesterday as they will be tomorrow. The physical surroundings there would be an
undue hardship to the owner. We'd be running a sewer line for someone else. Granting
the variance does not cause a substantial increase in public cost, because only by doing it
would there be a substantial increase in public cost. This variance does not place the
subdivision in nonconformance with other provisions because we are already addressing
the other provisions with the other variances. Finding the above, move that we grant
variance #7, to Section 18.42.070.A.3, to allow the development of the subject subdivision
without requiring the extension of municipal services to the adjoining undeveloped land.
Those voting Aye being Crs. Krauss, Bryson and Becker.
Those voting No being Mayor Jacobson.
The motion passed 3-1.
2:42:56 Motion to approve the preliminary plat subdivision application #P-09004 with
conditions of approval and code provisions listed in the staff report and with variances and
any conditions attached thereto as addressed separately in action items #1 through #7 with
the additional condition that we extend the water line to the adjacent the property line.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the preliminary plat
subdivision application #P-09004 with conditions of approval and code provisions listed in
the staff report and with variances and any conditions attached thereto as addressed
separately in action items #1 through #7 with the additional condition that we extend the
water line east to the adjacent the property line.
2:44:26 Amendment to the main motion to add filing of waiver right to protest for any
other improvements listed in the variances 1-7.
It was moved by Cr. Bryson, seconded by Cr. Becker to make an amendment to the main
motion to add filing of waiver right to protest for any other improvements listed in the
variances 1-7.
2:44:52 Vote on the amendment to the main motion to add filing of waiver right to protest
for any other improvements listed in the variances 1-7.
Those voting Aye being Crs. Bryson, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0. DRAFT19
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2:45:17 Vote on the main motion to approve the preliminary plat subdivision application
#P-09004 with conditions of approval and code provisions listed in the staff report and with
variances and any conditions attached thereto as addressed separately in action items #1
through #7 with the additional condition that we extend the water line east to the adjacent
the property line with the amendment to add filing of waiver right to protest for any other
improvements listed in the variances 1-7.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:45:28 Motion and Vote to approve the lower yards/HRDC first minor subdivision with
variances application No. P-09004 as amended.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the lower yards/HRDC
first minor subdivision with variances application No. P-09004 as amended.
Those voting Aye being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
2:46:01 Break
Mayor Jacobson called a break.
2:46:46 Back from Break
Mayor Jacobson called the meeting back to order from a break.
2:47:19 3. Building Inspection 4th Quarter Fiscal Year 2009 Update (Risk)
2:47:37 Bob Risk, Chief Building Official
Mr. Risk gave a brief summary on this item.
2:51:22 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:51:31 Motion and Vote to accept the 4th quarter, fiscal year 2009 building inspection
update.
It was moved by Cr. Bryson, seconded by Cr. Rupp to accept the 4th quarter, fiscal year
2009 building inspection update. DRAFT20
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Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:51:53 4. Planning 4th Quarter Fiscal Year 2009 Update (Epple)
2:52:02 Andy Epple, Planning Director
Mr. Epple gave a brief presentation on this item.
2:59:56 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
3:00:02 Motion and vote to accept the 4th quarter fiscal year 2009 update.
It was moved by Cr. Rupp, seconded by Cr. Becker, to accept the 4th quarter fiscal year
2009 update.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:00:22 5. Commission Resolution No. 4195, Bozeman Economic Development Plan
Adoption (Saunders)
3:00:35 Chris Saunders, Assistant Director of Planning
Mr. Saunders gave the staff presentation on this item.
3:02:23 Cr. Becker
Cr. Becker began questions and discussion on this item.
3:09:05 Public Comment
Mayor Jacobson opened public comment.
3:09:20 David Smith, Public Comment
Mr. Smith of 2963 Warbler Way spoke on behalf of the Bozeman Chamber of Commerce as the
present CEO. The Chamber recently reviewed the Prospera Plan. He asked that the Commission
consider impact fees being collected at time of certificate of occupancy is issued instead of at the
time of the building permit request. The second idea the Chamber would like considered is that
when impact fees are paid the City offer a 2% discount if they are paid in cash. City could be in
a banking position and stretch impact fees over a 5 or 10 year period at a possibly lower interest
rate which would then go into a revolving loan account. He also shared ideas for the suggested
committee in the Prospera Plan. (See letter and hand-outs provided by Mr. Smith.)
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3:15:25 Public comment closed.
Seeing no further public comment, Mayor Jacobson closed public comment.
3:19:02 Motion and Vote to approve Resolution 4195, adopting the draft of the Economic
Development Plan.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Resolution 4195, adopting
the draft of the Economic Development Plan.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:19:32 6. Commission Resolution No. 4196, Adoption of amended Chapter 8,
Economic Development, Bozeman Community Plan (Saunders)
3:19:45 Chris Saunders, Assistant Director of Planning
Mr. Saunders gave the staff presentation on this item.
3:20:42 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
3:20:58 Motion and Vote to approve Resolution No. 4196, adoption of amended Chapter 8,
Economic Development, Bozeman Community Plan.
It was moved by Cr. Bryson, seconded by Cr. Krauss to approve Resolution No. 4196,
adoption of amended Chapter 8, Economic Development, Bozeman Community Plan.
Those voting Aye being Crs. Bryson, Krauss, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:21:28 7. Agreement for Prosecution Services with Anna L. Rooney for Prosecution of
Domestic Violence (Sullivan)
3:21:39 Greg Sullivan, City Attorney
Mr. Sullivan gave the staff presentation on this item.
3:24:15 Cr. Bryson
Cr. Bryson began questions and discussion on this item. DRAFT22
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3:25:55 Motion and Vote to authorize the City Manager to sign an agreement for
prosecution services with Anna L. Rooney specifically for prosecution of domestic violence.
It was moved by Cr. Rupp, seconded by Cr. Becker to authorize the City Manager to sign
an agreement for prosecution services with Anna L. Rooney specifically for prosecution of
domestic violence.
Those voting Aye being Cr. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:26:22 8. Appointment to the Library Board of Trustees (Moved from July 27, 2009)
(Kissel)
3:26:36 Mayor Jacobson
Mayor Jacobson affirmed this is a Mayoral appointment with Commission consent. She would
like to appoint Donna Swarthout.
3:26:59 Motion and Vote to approve the Mayor’s appointment (of Donna Swarthout).
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Mayor's appointment
(of Donna Swarthout to the Library Board of Trustees).
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:27:26 9. Bozeman Historic Preservation Advisory Board Member Representative
Designation (Kissel)
3:27:36 Mayor Jacobson
Mayor Jacobson asked for a motion to change the representative designation of Jane Davidson
Klockman on the Bozeman Historic Preservation Advisory Board from at large to historic
district.
3:27:53 Motion and Vote (to change the representative designation of Jane Davidson
Klockman on the Bozeman Historic Preservation Advisory Board from at large to historic
district.)
It was moved by Cr. Becker, seconded by Cr. Rupp (to change the representative
designation of Jane Davidson Klockman on the Bozeman Historic Preservation Advisory
Board from at large to historic district.) DRAFT23
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Those voting Aye being Crs. Becker, Rupp, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:28:05 10. Appointment to the Streamline Advisory Board administered by the Human
Resource Development Council (HRDC) (Kissel)
3:28:15 Motion and Vote to appoint Eric Bryson to the Streamline Advisory Board as the
City representative.
It was moved by Cr. Krauss, seconded by Cr. Rupp to appoint Eric Bryson to the
Streamline Advisory Board as the City representative.
Cr. Bryson abstained from voting.
Those voting Aye being Crs. Krauss, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
3:29: 57 L. FYI/Discussion
3:29:58 1. Irving School Exclusion from the MSU Residential Parking District
Ordinance (Burns)
3:30:12 Paul Burns, Parking Manager
Mr. Burns informed the Commission that he will be bringing before the Commission an
Ordinance to remove the Irving school area from the Montana State University residential
parking district.
3:32:29 2. Vehicle-Immobilization (Boot Ordinance) (Sullivan)
3:32:35 Greg Sullivan, City Attorney
Mr. Sullivan informed the Commission that this Ordinance will be placed upon the agenda for
August 17th.
3:35:06 3. Title 6 Animal Code Enforcement Ordinance Revision (McLane)
3:35:11 Rich McClane, Police Lieutenant
Officer McLane informed the Commission that during next Monday's Commission meeting he
will give a presentation with a substantial change to Title 6, Animal Regulations. This will
include a Codification of past votes to be contained in the animal regulations, a new park to be
off-leash and de-criminalization of many of the animal regulations.
3:36:07 4. Update on Urban Chicken Ordinance (Fontenot) DRAFT24
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3:36:10 Brit Fontenot, Assistant to City Manager/Neighborhood Coordinator
Mr. Fontenot informed the Commission this item will be before the Commission on August
24th. They have engaged the public in helping draft this Ordinance.
3:37:05 5. Determine Date for Curb Plan Discussion (Kukulski)
3:37:08 Chris Kukulski, City Manager
Mr. Kukulski asked whether the Commission would like to have the policy meeting this week
regarding the curb plan discussion.
3:37:42 Cr. Krauss
Cr. Krauss requested that the curb plan discussion be placed on a Monday night (cancelling the
policy meeting).
3:38:02 6. Thank You to City Staff
Mr. Kukulski thanked City staff members Bob Risk and Jason Shrauger as well as Andy Epple
regarding managing their budgets and making tough decisions. Anna Rosenberry also helped
them a lot in preparation of their reports.
3:39:12 7. Vandalism and Graffiti Task Force Update
Mr. Fontenot provided a report from the vandalism and graffiti task force which handled another
mitigation with the assistance of the Montana Conservation Corp. on the Cardinal Distributing
Building.
3:39:42 8. Water Reclamation Facility Visit
Mayor Jacobson visited the water reclamation facility and would advise others to visit during the
current construction. She felt it was very interesting.
3:40:08 9. Four Test Plants of the Water Treatment Facility
Cr. Becker spoke regarding touring the test plants of the water treatment facility and the large
amount of information staff member Rick Moroney has.
3:40:47 10. Soroptomist Park Fountain
Cr. Bryson returned a call from a constituent today regarding the water fountain at Soroptomist
Park who indicated the fountain had been turned off.
3:41:08 Mr. Kukulski
Mr. Kukulski said he would investigate the water fountain problem.
3:41:41 11. Maps in the Legal Section
Cr. Bryson asked about different alternatives to the planning maps in the legal section.
3:41:55 Andy Epple, Director of Planning
Mr. Epple explained that an ad was placed in the newspaper informing the public that noticing
maps will now be on a dedicated area on the webpage instead of within the paper. People can DRAFT25
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subscribe to receive every public notice they prepare. Planning feels there are better and more
cost effective ways to notify the public then the $900. ads within the newspaper.
3:42:50 Cr. Becker
Cr. Becker asked Mr. Epple to work with Mr. Fontenot to link the neighborhood associations
into the information.
3:45:57 M. Adjournment
Mayor Jacobson adjourned the meeting at 10:06 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
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