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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 11, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, January 11, 2010. Present were Mayor Jeff Krauss, Commissioner Chris
Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Interim Planning Director
Chris Saunders, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel.
* Please refer to the audio recording of this meeting for additional detail.
Click here for a link to the audio recording of this meeting.
A. Executive Session – 6 p.m. - Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the Executive Session to order at 6 p.m. and closed the meeting pursuant to
MCA 2-3-203 (4) to discuss litigation strategy.
* A separate set of Minutes have been compiled for the Executive Session.
0:00:15 C. Call to Order - Regular Meeting - 7 p.m. - Commission Room, City Hall, 121
North Rouse
Mayor Krauss called the meeting to order at 7:04 p.m. He then informed those present that the
agenda would be changed slightly to accommodate special guest, Governor Brian Schweitzer.
0:00:37 D. Pledge of Allegiance and a Moment of Silence
E. Changes to the Agenda
See previous note regarding accommodations for special guest, Governor Brian Schweitzer.
0:02:03 F. Public Service Announcement - Changes in the City's Parking Department
0:02:14 Paul Burns, Parking Manager
Mr. Burns introduced changes regarding parking rules, regulations and fines and provided
information regarding the members of the Parking Commission.
0:06:42 G. Authorize the Absence of Cr. Becker and Cr. Bryson
0:06:50 Motion to authorize the absences of Cr. Becker and Cr. Bryson.
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It was moved by Cr. Mehl, seconded by Cr. Taylor to authorize the absences of Cr. Becker
and Cr. Bryson.
0:06:55 Cr. Mehl
Cr. Mehl thanked Cr. Eric Bryson for his service to the community and stated that he will be
missed as this is Cr. Bryson's last meeting.
0:07:05 Vote on the motion to authorize the absence of Crs. Becker and Bryson.
Those voting Aye being Crs. Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:07:16 H. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approval of, and authorization to publish, a Request for Proposals (RFP) for
contracting of realty services for the sale of the former City Hall lots and
facility located at 411 East Main Street (Fontenot)
3. Approve Resolution No. 4231 Authorizing the City Manager to sign Change
Order No. 2 for the 2009 Water Renovations Project (Murray)
4. Approve the Building Report for December 2009 (Risk)
5. Approve Beer and Wine and Liquor License Renewals for 2010 (Neibauer)
0:07:18 Public comment
Mayor Krauss opened public comment regarding consent items H. 1-5.
No person commented.
Mayor Krauss closed public comment.
0:07:31 Motion and vote to approve consent items H. 1-5. as listed.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve consent items H. 1-5 as
listed.
Those voting Aye being Crs. Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:08:18 I. Public Comment
Mayor Krauss opened general public comment.
0:09:20 Cliff Chisholm, Public Comment
Mr. Chisholm of 219 South Bozeman spoke regarding Bogert Park. He is president of the
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Bogert Park Neighborhood Association but is not representing them. He supports spending
funds to upgrade the tennis courts. This amenity is available to all of Bozeman and he feels this
is an appropriate use of public funds.
0:12:31 Steve Schlegl, Public Comment
Mr. Schlegl of 2929 Bozeman Trail, and owner of Audrey's Pizza Oven at Rouse and Peach
thanked the City saying many departments helped him tremendously in getting his business
going explaining in detail the ways in which this occurred.
0:16:36 Jackie Persons, Public Comment
Ms. Persons of 310 East Koch spoke in favor of funds being used to improve the Bogert Park
Tennis Courts.
0:18:51 Daryl Schliem, Public Comment
Mr. Schliem of 150 Village Crossing Way introduced himself as the new CEO/President of the
Bozeman Chamber of Commerce.
0:20:29 Steve Scarff, Public Comment
Mr. Scarff of 214 South Church Ave. spoke in favor of the repairs planned for Bogert Park
Tennis Court and provided information regarding use of the park and a survey conducted
regarding the park.
0:21:45 Sandra Smiley, Public Comment
Ms. Smiley said she would like stimulus money to go to the food bank but that she does feel the
tennis court should be fixed.
0:22:33 Public Comment
A gentleman who did not provide his name asked who requested the first action agenda item
(Green Balance Homes Informal No. I-09008) and whether it was an agenda 21 item.
0:23:25 Mayor Krauss
Mayor Krauss explained that the item was placed on the agenda by the planning staff and the
City Manager and stated he did not know what an agenda item 21 was.
0:23:34 Public Comment
The gentleman providing public comment explained his understanding of what an agenda 21
item is.
0:24:06 Mr. Kukulski
Mr. Kukulski spoke to the gentleman's public comments saying that this item does not have
anything to do with climate action, the word Green referring to a developer's project name.
0:25:05 Heather Armstrong, Public Comment
Ms. Armstrong of 185 Chestnut Grove spoke regarding winning the 2007 Tennis Nationals. The
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Bogert tennis courts are in horrendous condition with dangerous pot holes. She spoke in favor of
the approved repairs to the court.
0:26:47 Jill Savoie, Public Comment
Ms. Savoie of 4497 Alexander Street spoke in favor of the funds for the tennis court repair. She
also spoke in opposition to the green balance homes informal request. She feels the original
design should not be changed upon the developer’s request.
0:27:51 Linda Stancil, Public Comment
Ms. Stancil of 9441 Big Gulch Drive has been a tennis coach at the high school for twenty years.
She explained that hundreds of kids come out every year to play tennis and the funds that were
appropriated to repair the tennis courts will benefit everyone.
0:28:43 Public Comment Closed
Seeing no further public comment, Mayor Krauss closed general public comment.
0:28:50 Mayor Krauss
Mayor Krauss suspended the rules to allow Governor Brian Schweitzer to address the
Commission; asking everyone to rise to welcome the Governor.
0:29:12 Governor Brian Schweitzer
Governor Schweitzer spoke and provided his rationale regarding his displeasure in the City's
decision to use federal stimulus appropriation funds to repair the Bogert tennis courts.
0:44:09 Mayor Krauss
Mayor Krauss provided information and the rationale as to why the City decided to use federal
stimulus appropriations to repair the Bogert Tennis Courts.
0:53:13 Cr. Mehl
Commissioner Mehl provided his view on the issue and the way in which this issue was handled.
1:00:47 Cr. Taylor
Cr. Taylor provided input on this issue.
1:03:10 Mayor Krauss
Mayor Krauss asked everyone to rise for the Governor as he left the Commission meeting.
1:03:24 Break
Mayor Krauss called for a break.
1:15:17 Meeting back to order.
Mayor Krauss called the meeting back to order from a break and un-suspended the rules.
1:15:42 J. Action Items
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1:15:44 1. Green Balance Homes Informal No. I-09008 (Krueger)
1:16:02 Brian Krueger, Associate Planner in Community Development
Mr. Krueger gave the staff presentation on this item.
1:38:19 Mayor Krauss
Mayor Krauss reminded everyone that this item is an informal review and while the Commission
can provide feedback no decisions can be made.
1:38:53 Brian Krueger
Mr. Krueger explained the options available to staff on this project.
1:40:35 Cr. Taylor
Cr. Taylor began asking questions of staff on this item.
1:41:41 Cr. Mehl
Cr. Mehl began asking questions of staff on this item.
1:44:47 Phil Rotherham, Applicant
Mr. Rotherham from Rotherham Construction at 240 Falcon Lane gave the applicant
presentation on this item.
1:59:03 Cr. Mehl
Cr. Mehl asked a question of the applicant.
1:59:16 Cr. Taylor
Cr. Taylor asked a question of the applicant.
1:59:39 Public Comment
Mayor Krauss opened public comment on this item.
2:00:22 Susan Smiley, Public Comment
Ms. Smiley of 52 Stafford spoke regarding how lovely the Valley West neighborhood is and that
she really liked the alley access and the streetscape of the neighborhood. She would be
disappointed by a change in the streetscape if the garages were street loaded.
2:03:38 Doug Fletcher, Public Comment
Mr. Fletcher of 4579 Cascade Street feels this is a very unique and animated neighborhood with
the sidewalks very pedestrian friendly. While he appreciates the complexity of this situation, he
spoke in favor of alley loaded garages.
2:05:51 Mark Lowren, Public Comment
Mr. Lowren of 4461 Water Street said he was one of the first buyers within Valley West because
he liked the traditional design of the neighborhood. He said he also reinvested in Valley West.
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He would be opposed to all front loaded homes all the way down Stafford Street as he feels they
would alter the character of the subdivision.
2:09:20 Paula Stocker, Public Comment
Ms. Stocker of 26 Stafford Ave. said she lives just south on the street in question and would urge
the commission not to relax the variance. She feels the integrity of the neighborhood would be
compromised by front loaded garages on the north end. She also spoke regarding the
Architectural Review Committee.
2:11:49 Bill Schwahn, Public Comment
Mr. Schwahn, owner of Infra Red USA which conducts energy star certifications spoke
regarding the project and how the intent was to not only provide affordable housing but energy
efficiency as well. This project has actually met and exceeded energy star certifications.
2:13:01 Eric Olson, Public Comment
Mr. Olson of 31 Clifton Drive in Valley West said he feels that the covenants should not be
changed mid stream. He believes the current owners bought in Valley West knowing the intent
was not garage centric.
2:16:19 Ralph Johnson, Public Comment
Mr. Johnson of 226 Stafford Ave. said the covenants in Valley West are quite specific that no
more than 30% of homes should be front loaded. The covenants should be followed. He also
spoke regarding safety issues.
2:19:31 Peter Macdougall Public Comment
Mr. Macdougall of 237 Ferguson Ave. said he was disappointed not to receive a letter from
Valley West association regarding a meeting on this subject. He said the board made the
decision without consulting with the neighborhood. He spoke regarding the specific parking and
alley issues in the area in question.
2:23:53 Greg Stratton, Public Comment
Mr. Stratton, Vice President of the Home Owner's Association (HOA) and developer of Valley
West provided some history and details on this issue.
2:31:09 Hilary Johnson, Public Comment
Ms. Johnson of 226 Stafford said she is opposed to the front loaded garages, but feels a front
loaded design could work but doesn't think the current design is appropriate.
2:31:49 Public Comment Closed
Seeing no further public comment, Mayor Krauss closed public comment on this item.
2:32:16 Mr. Rotherham, Applicant Rebuttal
Mr. Rotherham provided an applicant rebuttal on this issue.
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2:35:22 Mayor Krauss
Mayor Krauss provided feedback saying it does not seem that option A is too onerous for the
builder. A complete review of the PUD seems like overkill. Option C. seems contrary to what
was approved in the beginning. When you get to the last lots and RSL lots you run into serious
challenges.
2:37:07 Cr. Taylor
Cr. Taylor agreed with Mayor Krauss that option A does not seem too onerous. He said he went
out to the area today and was concerned about how the alleys would be loaded. The aesthetics
was impressive on the street with alley loaded homes. He feels he would need more information
if he were to be more concerned about this.
2:38:56 Cr. Mehl
Cr. Mehl felt Mayor Krauss and Cr. Taylor covered this issue with their statements.
2:39:43 2. Response to Commission Questions Regarding the Sign Code, Chapter 18.52
of the Bozeman Municipal Code (Saunders)
Mayor Krauss opened the hearing on this item, but asked for a motion to continue to next week
after the public comment period.
2:39:51 Public Comment
Mayor Krauss opened public comment on this item.
2:39:53 Ryan Olsop, Public Comment
Mr. Olsop of 725 Longbow spoke in favor of allowing barber poles in the City. He himself is a
barber and pointed to the long tradition of barber poles as a way to distinguish the trade.
2:41:33 Motion and Vote to continue to next week consideration of questions regarding the
Sign Code, Chapter 18.52 of the Bozeman Municipal Code.
It was moved by Cr. Mehl, seconded by Cr. Taylor to continue to next week consideration
of questions regarding the Sign Code, Chapter 18.52 of the Bozeman Municipal Code.
Those voting Aye being Crs. Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
2:42:07 3. Protection from Discrimination Based on Sexual Orientation and Gender
Identity (Berg)
Mayor Krauss opened this item and confirmed that this item is for the hiring and human rights
practices of the City only.
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2:42:35 Pattie Berg, Human Resources Director
Ms. Berg gave the staff presentation on this item.
2:45:09 Cr. Taylor
Cr. Taylor began questions for staff on this item.
2:47:23 Greg Sullivan, City Attorney
Mr. Sullivan emphasized that while it may not be explicitly stated that the practice is not to
discriminate based on sexual orientation or gender identity, it has been the practice not to
discriminate. He also emphasized that because the benefits are not distinguishing between
partner status and marital status if we are offering benefits to partners we need to do that whether
they are same sex or opposite sex partners. This is a result of the Supreme Court Case
Snetsinger v. Montana University System.
2:48:39 Cr. Mehl
Cr. Mehl asked questions of staff.
2:49:39 Public Comment
Mayor Krauss opened public comment.
2:49:48 Sandra Smiley, Public Comment
Ms. Smiley of 618 South 14th said as a social worker for forty years, she would like to see this
policy put in writing.
2:50:59 Richard Bennett, Public Comment
Mr. Bennett of 1612 West Olive spoke against this motion. He is the former County coordinator
for the Montana Marriage Amendment for the Montana Family Foundation. He read a list from
the American Psychiatric Association that he felt would be included in the definition of sexual
orientation.
2:52:43 Mayor Krauss
Mayor Krauss suspended the rules for thirty minutes.
2:52:59 Richard Bennett, Public Comment
Mr. Bennett continued with his public comment and talked about ramifications he felt could
happen if this item passed.
2:55:55 Ken Champion, Public Comment
Mr. Champion of 614 Lexington Ave. spoke in opposition to this item agreeing with the
comments made by Mr. Bennett. Mr. Champion feels this policy would be a negative precedent
and would open the City to discrimination suits.
2:57:28 Roberta Zenker, Public Comment
Ms. Zenker said she is an anti-discrimination lawyer in Helena. She feels what the city of
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Bozeman is doing represents something monumental. She would support this policy and offered
her assistance as a member of the Montana Pride Network Board.
3:00:18 John Olson, Public Comment
Mr. Olson of 204 Pondera thanked the Mayor for bringing this to everyone's attention. He is a
gay business owner in the area and is the President of the Gay and Lesbian Resource Center. He
said this issue is very important to them and helps acknowledge them as human beings just like
anyone else. He thanked the Commission for considering this policy.
3:01:40 Rachel Roades, Public Comment
Ms. Roades of 702 North Bozeman thanked the Commission for bringing this discussion up and
asked that this policy be placed in writing.
3:01:57 Mike Long, Public Comment
Mr. Long of 22 Border Lane spoke regarding the fourteenth amendment of the Constitution that
all citizens are entitled to equal protection under the law. He also spoke regarding the Montana
State Constitution which says that the dignity of the individual is infallible and that we have a
right to privacy.
3:03:00 Don Brigham, Public Comment
Mr. Brigham of 1002 East Gallatin Avenue, Belgrade said he was sought out by homosexuals for
recruitment as a youth. He feels the homosexual community is looking for supremacy.
3:07:19 Bethany Letiecq, Public Comment
Ms. Letiecq, President of the Gallatin Human Rights Task Force and board member of the
Human Rights Network, said she feels adding this legislation is important and would help protect
the most vulnerable in the community. She asked that as part of due diligence the City look at
other communities that have passed similar laws to see that there has not been an upsurge of
pedophiles seeking rights or recruitment.
3:09:26 Chris Nixon, Public Comment
Mr. Nixon of 719 Wallace Ave. thanked the Mayor for bringing this forward, saying he really
appreciates the Commission looking at putting equality in writing for all people. He spoke
regarding the high rate of suicide among gay youth and said that making it clear that they are
equal citizens under the law may save lives.
3:10:24 Nick Landeros, Public Comment
Mr. Landeros said he feels that the idea of protected class is in itself discriminatory. He feels
this would indicate that some classes are not protected and spoke in further detail about this
concept. He would urge the Commission not to take this action and to eliminate all language
about protected classes.
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3:12:55 Public Comment Closed
Seeing no further comment, Mayor Krauss closed public comment.
3:13:48 Cr. Taylor
Cr. Taylor stated he believes that we should add sexual orientation and gender identification to
the list of classes we do not discriminate against and explained his reasoning.
3:16:24 Motion to direct staff to bring back language consistent with Cr. Taylor's earlier
comments and to allow for benefits for people with the same grouping so we don't have
inconsistencies.
Mayor Krauss clarified Cr. Taylor's motion by saying: Motion to direct staff to develop
policies and implementation strategies to prohibit discrimination in City employment,
benefits and programs and services on the basis of sexual orientation and gender
preferences.
It was moved by Cr. Taylor, seconded by Cr. Mehl to direct staff to develop policies and
implementation strategies to prohibit discrimination in City employment, benefits and
programs and services on the basis of sexual orientation and gender preferences.
3:17:26 Friendly amendment to explicitly refer to the items on the bottom of page 7 of the
memorandum through contracts.
It was moved by Cr. Mehl to make a friendly amendment explicitly referring to the items
on the bottom of page 7 of the memorandum through contracts.
3:18:06 Mayor Krauss
Mayor Krauss stated he would support the friendly amendment clarifying the friendly
amendment would add to the motion, 'human resources and employment policy
statements, employment benefits and contracts.'
3:18:44 Carson Taylor seconded the friendly amendment.
3:18:56 Mayor Krauss
Mayor Krauss suspended the rules to 11 p.m.
3:19:01 Cr. Mehl
Cr. Mehl continued discussion on the motion.
3:19:35 Mayor Krauss
Mayor Krauss gave his views on this motion.
3:24:32 Cr. Taylor
Cr. Taylor gave his views on this motion.
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3:25:37 Cr. Mehl
Cr. Mehl gave his views on the motion.
It was moved by Cr. Mehl, seconded by Cr. Taylor to move the previous question.
3:26:06 Vote to move the previous question.
Those voting Aye being Crs. Mehl, and Taylor.
Those voting No being Mayor Krauss.
The motion passed 2-1.
3:26:19 Vote on the friendly amendment to the main motion to explicitly refer to human
resources and employment policy statements, employment benefits and contracts.'
Those voting Aye being Cr. Mehl, Cr. Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
3:26:33 Vote on the motion to direct staff to develop policies and implementation strategies
to prohibit discrimination in City employment, benefits and programs and services on the
basis of sexual orientation and gender preferences with the friendly amendment to
explicitly refer to human resources and employment policy statements, employment
benefits and contracts.'
Those voting Aye being Cr. Taylor, Cr. Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
3:26:58 Mr. Kukulski
Mr. Kukulski informed the public and Commission that the time table to bring this item back
may be about 30 days.
3:27:16 Mayor Krauss
3:27:35 4. (Re)Appointments to the Bozeman Area Bicycle Advisory Board (Kissel)
3:27:40 Motion and Vote to appoint Rebecca Gleason, Bill Bartlett, Steve Bretson and
Elizabeth Williamson to the Bozeman Area Bicycle Advisory Board.
It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Rebecca Gleason, Bill
Bartlett, Steve Bretson and Elizabeth Williamson to the Bozeman Area Bicycle Advisory
Board.
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Those voting Aye being Crs. Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
3:27:57 5. Re-appointment to the City-County Board of Health (Kissel)
3:28:02 Motion and Vote to re-appoint Gretchen Rupp to the City-County Board of Health.
It was moved by Cr. Mehl, seconded by Cr. Taylor to re-appoint Gretchen Rupp to the
City-County Board of Health.
Those voting Aye being Crs. Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
3:28:16 6. (Re)Appointments to the Recreation and Parks Advisory Board (Kissel)
3:28:22 Motion and Vote to re-appoint or accept the following applicants to the Recreation
and Parks Advisory Board: David Cook, Sandy Dodge, Sue Hennings, Bill VandenBos and
Jared Nelson.
It was moved by Cr. Mehl, seconded by Cr. Taylor to re-appoint or accept the following
new citizens to the Recreation and Parks Advisory Board: David Cook, Sandy Dodge, Sue
Hennings, Bill VandenBos and Jared Nelson.
Those voting Aye being Crs. Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
3:28:50 7. Appointment to the Parking Commission (Kissel)
3:28:51 Motion and Vote to appoint Benjamin Bennett to the Parking Commission.
It was moved by Cr. Mehl, seconded by Cr. Taylor to appoint Benjamin Bennett to the
Parking Commission.
Those voting Aye being Crs. Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
3:29:09 K. FYI/Discussion
3:29:18 1. Board of Adjustment January 12, 2010 agenda with two conditional use
permits for on-premise alcohol consumption (Saunders)
Chris Saunders reminded the Commission that they have the upcoming policy meeting with the
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state on gaming and wanted the Commission to be aware that the Board of Adjustment will be
looking at two conditional use permits for on-premise alcohol consumption.
3:29:39 Upcoming Animal Regulation Ordinance
Lieutenant McLane said next week he will be presenting an Ordinance that has a few minor
changes and clarifications to the animal regulations that were recently passed.
3:30:04 Nominations for Vacant City Commission Seat
Mr. Sullivan reminded the Commission and public that Friday at noon is the close of
nominations for the vacant City Commission position. All of the statements that have been
submitted are posted on the City website.
3:30:38 Cr. Taylor
Cr. Taylor said he would be more than willing to talk with the public regarding their thoughts on
applicants.
3:31:04 2. Reminder that City Offices will be closed Monday, January 18th in
observance of Martin Luther King Jr. Day. The Commission meeting will take place on
TUESDAY, January 19th. (Kukulski/Kissel)
3:31:06 L. Adjournment
Mayor Krauss adjourned the meeting at 10:40 p.m.
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