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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 25, 2010
**********************
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Tuesday, January 25, 2010. Present were Mayor Jeff Krauss, Commissioner Sean
Becker, 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 of this meeting.
0:00:04 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
0:00:08 B. Pledge of Allegiance and a Moment of Silence
0:01:42 C. Changes to the Agenda
Mayor Krauss asked City Manager, Chris Kukulski if there were any changes to the agenda.
0:01:45 Chris Kukulski, City Manager
Mr. Kukulski said there are no changes to the agenda.
0:01:54 D. Consent
0:02:03 Public Comment
Mayor Krauss opened public comment for the consent agenda.
No person commented.
0:02:39 Public Comment Closed
0:02:43 Motion and Vote to approve consent item D. 1-4.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve consent items D. 1-4.
Those voting Aye being Cr. Mehl, Cr. Taylor, Cr. Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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0:03:38 Chris Wilcox, Public Comment
Mr. Wilcox of 815 North 11th thanked the new Commissioners for running and then expressed
frustration that questions and answers cannot take place during public comment.
0:06:37 Bart Mannon, Public Comment
Mr. Mannon of 4025 West Lincoln Street spoke in favor of passing action item #2, storm water
annual report and ordinance 1763.
0:09:54 Taye Chamberlain, Public Comment
Mr. Chamberlain of 220 South 16th, representing the Gallatin Art Crossing thanked the City of
Bozeman and the Police Department for finding a stolen art sculpture within a day and a half.
0:10:45 Mike Hope, Public Comment
Mr. Hope of Arrowleaf Drive spoke in favor of the appointment of Cyndy Andrus for City
Commissioner.
0:12:20 Roxanne Clinginsmith, Public Comment
Ms. Clinginsmith 1717 South Black #53 spoke in favor of appointing Chris Budeski to the City
Commission.
0:13:46 Jennifer Erickson, Public Comment
Ms. Erickson of 4630 Clearview spoke in favor of the appointment of Chris Budeski for City
Commissioner.
0:16:04 Mary Ellen Wolfe, Public Comment
Ms. Wolfe spoke in favor of the appointment of Cyndy Andrus for City Commissioner.
0:18:10 Public Comment Closed
Seeing no further public comment, Mayor Krauss closed public comment.
0:18:25 F. Special Presentation - Idaho Pole Superfund Site Update - Located near the
northern limits of Bozeman around Cedar, Wallace and I-90 (Krueger, Roger
Hoogerheide, EPA Remedial Project Manager, Lisa DeWitt, DEQ project Officer)
0:19:04 Brian Krueger, Associate Planner
Mr. Krueger introduced this item and the guest speakers.
0:20:44 Roger Hoogerheide, EPA Remedial Project Manager
Mr. Hoogerheide presented information on this item representing the Environmental Protection
Agency and the Idaho Pole Company. After providing background, Mr. Hoogerheide announced
that the soil remedy on the site is complete with restrictions. The ground water remedy is not
complete. The property will be eligible for redevelopment soon.
0:23:42 Cr. Mehl
Cr. Mehl asked questions regarding the boundaries shown on the map provided.
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0:25:01 Cr. Becker
Cr. Becker began asking questions regarding well testing.
0:28:01 18:35:53 Mayor Krauss
Mayor Krauss continued questions on the presentation.
0:29:32 18:37:27 Cr. Mehl
Cr. Mehl continued questions on the presentation.
0:30:38 18:38:38 Cr. Taylor
Cr. Taylor continued questions on the presentation.
0:32:24 Public Comment on Special Presentation
Mayor Krauss asked for public comment on this item.
No person commented.
Mayor Krauss closed public comment.
0:32:50 G. Action Items
0:33:02 1. Discussion on Appointment to Vacancy in an Office of Bozeman City
Commissioner, Presentations by Candidates, Public Comment and Decision on
Appointment (If Appointment is made, Commissioner may be sworn in) (Sullivan)
0:33:22 Mayor Krauss
Mayor Krauss explained that every candidate has five minutes to give a presentation.
0:33:56 Sandra Smiley, Candidate for City Commissioner
Ms. Smiley of 618 South 14th spoke as a candidate for the vacant City Commission seat.
0:39:26 Erik Henyon, Candidate for City Commissioner
Mr. Henyon of 3213 Augusta Drive spoke as a candidate for the vacant City Commission seat.
0:45:13 Steve Kirchhoff, Candidate for City Commissioner
Mr. Kirchhoff spoke as a candidate for the vacant City Commission seat.
0:50:33 Bob Kern, Candidate for City Commissioner
Mr. Kern spoke as a candidate for the vacant City Commission seat.
0:52:41 Chris Budeski, Candidate for City Commissioner
Mr. Budeski spoke as a candidate for the vacant City Commission seat.
0:56:35 Cynthia Andrus, Candidate for City Commissioner
Ms. Andrus of 3247 Garden Brook Lane spoke as a candidate for the vacant City Commission
seat.
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1:02:34 Marcia Youngman, Candidate for City Commissioner
Ms. Youngman of 1214 West Koch spoke as a candidate for the vacant City Commission seat.
1:08:11 Brian Segal, Candidate for City Commissioner
Mr. Segal of 315 South Black Avenue spoke as a candidate for the vacant City Commission seat.
1:14:33 Bob Chase, Candidate for City Commissioner
Mr. Chase spoke as a candidate for the vacant City Commission seat.
1:19:22 Dawn Smith, Candidate for City Commissioner
Ms. Smith spoke as a candidate for the vacant City Commission seat and asked the Commission
if they’d like to ask her any questions.
1:20:54 Mayor Krauss
Mayor Krauss began questions for Ms. Smith.
1:24:11 Jarvis Brown, Candidate for City Commissioner
Mr. Brown spoke as an applicant for the vacant City Commission seat.
1:29:31 Brian Leland, Candidate for City Commissioner
Mr. Leland spoke as a candidate for the vacant City Commission seat.
1:34:18 Break
Mayor Krauss called for a break.
1:49:27 Back from break.
Mayor Krauss called the meeting back to order
1:51:24 Public Comment
Mayor Krauss opened public comment on this item.
1:51:43 Mary Jane McGerity, Public Comment
Ms. McGerity of 116 Nostalgia Lane spoke in favor of appointing Cyndy Andrus as City
Commissioner.
1:53:23 Cindy Christin, Public Comment
Ms. Christin spoke in favor of appointing Cyndy Andrus as City Commissioner.
1:54:37 Eric Olson, Public Comment
Mr. Olson of 31 Cliffton Drive spoke in favor of appointing Bob Chase as City Commissioner.
1:59:35 Tom Stenzel, Public Comment
Mr. Stenzel of 2117 South Tracy spoke in favor of appointing Cyndy Andrus for City
Commissioner.
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2:02:38 Public Comment Closed
Seeing no further public comment, Mayor Krauss closed public comment.
2:04:21 Suspend the rules to enter into discussion without a motion on the floor.
Mayor Krauss suspended the rules to allow discussion without a motion on the floor.
2:04:34 Mayor Krauss
Mayor Krauss thanked the applicants for applying and suggested the Commissioners begin with
discussion and spoke regarding the process of making this decision.
2:05:00 Cr. Mehl
Cr. Mehl spoke Cr. Mehl thanked all the applicants for applying and then spoke regarding the
process.
2:06:25 Cr. Taylor
Cr. Taylor spoke regarding the values he would like to see in the new City Commissioner. He
also expressed interest in a unanimous decision. He then listed Steve Kirchhoff, Marcia
Youngman, Jarvis Brown and Cyndy Andrus as candidates he would be most interested in.
2:10:11 Cr. Becker
Cr. Becker spoke regarding the process in appointing a Commissioner and the wonderful pool of
candidates that applied. He then listed Dawn Smith, Cyndy Andrus, Chris Budeski, Steve
Kirchhoff and Erik Henyon as candidates he would be most interested in.
2:13:33 Mayor Krauss
Mayor Krauss recognized past Mayors and Commissioners as well as past running candidates.
He mentioned what he is looking for in the new Commissioner. He spoke in favor of candidates
Erik Henyon, Chris Budeski and Cyndy Andrus. He also spoke towards appointing someone
who has run for the office in the past.
2:20:23 Cr. Mehl
Cr. Mehl spoke regarding his thoughts about what the community is looking for in filling the
Commission seat. He also mentioned he would like to see the appointment be unanimous. He
spoke in favor of candidate Cyndy Andrus.
2:25:50 Cr. Taylor
Cr. Taylor disclosed the candidates that he had previously spoken to mentioning Erik Henyon,
Chris Budeski, Dawn Smith, Cyndy Andrus, Jarvis Brown, Steve Kirchhoff, Marcia Youngman
and Brian Leland. He also said he could settle on Cyndy Andrus.
2:27:57 Mayor Krauss
Mayor Krauss disclosed the candidates that he had previously spoken to mentioning Brian Segal
and Marcia Youngman.
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2:28:34 Cr. Mehl
Cr. Mehl disclosed the candidates that he had previously spoken to mentioning Steve Kirchhoff,
Brian Leland, Sandra Smiley, Dawn Smith, Marcia Youngman, Erik Henyon, Bob Chase, Chris
Budeski, Jarvis Brown, and Cyndy Andrus.
2:29:03 Cr. Becker
Cr. Becker disclosed that he has spoken with all of the candidates except Bob Kern and Brian
Segal.
2:32:54 Motion to appoint Cyndy Andrus to the City Commission to fulfill Bryson's term.
It was moved by Cr. Taylor, seconded by Cr. Becker to appoint Cyndy Andrus to the City
Commission to fulfill Bryson's term.
2:33:27 Cr. Becker
Cr. Becker spoke to the strengths of each applicant and how thankful the Commission is to the
applicants.
2:36:59 Cr. Mehl
Cr. Mehl also spoke to the strengths of the applicants and spoke in favor of appointing Cyndy
Andrus.
2:39:11 Cr. Taylor spoke to the strengths of the applicants and his views regarding the motion.
2:40:13 Mayor Krauss
Mayor Krauss spoke to the many years of dedication and service to the City represented by the
candidates.
2:41:39 Vote on the motion to appoint Cyndy Andrus to the City Commission to fulfill
Bryson's term.
Those voting Aye being Crs. Taylor, Becker, and Mehl.
Those voting No being Mayor Krauss.
The motion passed 3-1.
2:41:52 Break
Mayor Krauss called for a break.
2:54:31 Meeting called back to order.
Mayor Krauss called the meeting back to order.
2:56:19 Swearing in Ceremony
City Manager Chris Kukulski administered the oath of office swearing in newly appointed
Commissioner Cynthia Andrus.
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2:57:56 Mayor Krauss
Mayor Krauss welcomed Commissioner Andrus to the dais and let her know she would not be
required to vote on the remainder of the meeting items.
2:58:22 2. Storm Water Annual Report and Ordinance No. 1763, Providing that the
Bozeman Municipal Code be Amended by Adding a new Title 14, Providing for new Storm
Water Regulations (Johnson)
2:59:10 Dustin Johnson, Project Engineer
Mr. Johnson gave the staff presentation on this item.
3:11:40 Cr. Becker
Cr. Becker began questions for staff.
3:15:14 Cr. Taylor
Cr. Taylor continued questions for staff.
3:18:11 Cr. Mehl
Cr. Mehl continued questions for staff.
3:23:43 Cr. Andrus
Cr. Andrus continued questions of staff.
3:25:07 Mayor Krauss
Mayor Krauss continued questions of staff.
3:28:36 Mr. Kukulski
Mr. Kukulski provided more information regarding federal regulations related to this issue.
3:34:48 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
3:35:02 Motion to provisionally adopt Ordinance No. 1763, providing that the Bozeman
Municipal Code be amended by adding a new Title 14, providing for new storm water
regulations in addition directing staff to research and report back to the Commission by
final adoption the legality and reasonability of an Interlocal agreement with Gallatin
County.
It was moved by Cr. Becker, seconded by Cr. Mehl to provisionally adopt Ordinance No.
1763, providing that the Bozeman Municipal Code be amended by adding a new Title 14,
providing for new storm water regulations in addition directing staff to research and
report back to the Commission by final adoption the legality and reasonability of an
interlocal agreement with Gallatin County.
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3:35:33 Cr. Becker
Cr. Becker spoke to the reasoning behind the additional language on the motion and began
discussion on the motion.
3:40:58 Vote on the motion to provisionally adopt Ordinance No. 1763, providing that the
Bozeman Municipal Code be amended by adding a new Title 14, providing for new storm
water regulations in addition directing staff to research and report back to the Commission
by final adoption the legality and reasonability of an Interlocal agreement with Gallatin
County.
Those voting Aye being Crs. Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
Those abstaining being Cr. Andrus.
The motion passed 4-0 with one abstention.
3:41:24 H. FYI/Discussion
3:41:24 1. Orientation for new Commissioner Andrus
Mayor Krauss recommended that Commissioner Andrus have some intense training quickly.
3:42:14 2. Scheduling
Mayor Krauss spoke regarding bringing calendars to the next meeting to discuss scheduling goal
setting sessions. He would suggest a day set aside for the Commission to meet with staff to go
through goals. He then spoke regarding scheduling the Capital Improvements Plan and
scheduling budget discussions.
3:43:43 3. Mayor Krauss' trip to Washington DC
Mayor Krauss spoke regarding meeting with staff and possibly the delegation in Washington DC
on the 10th. He requested that staff provide him with any information they would like him to
discuss by the end of next week.
3:44:25 Mr. Kukulski
Mr. Kukulski spoke regarding having a Resolution before the Commission at the next meeting
with the Cities requests for Federal appropriations for approval. He would like the goals set first,
then the CIP, followed by the budget.
3:46:03 4. Upcoming agenda items - Commissioner Board Liaisons and Voting
Mayor Krauss informed the Commission that assigning Commission liaisons and voting
positions to the citizen advisory boards would be on an upcoming agenda. He then explained
what the process would be for those assignments.
3:47:59 Rules suspended for five minutes.
Mayor Krauss suspended the rules for five minutes to allow the meeting to continue past 10 p.m.
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3:48:07 5. Budget hearing alternatives
Cr. Becker mentioned looking into the ideas presented by Marcia Youngman during tonight's
meeting regarding budget hearing alternatives and the CIP process.
3:48:30 6. Deputy Mayor Becker office hours
Deputy Mayor Becker said he would be setting up office hours for Commission business on
Fridays.
3:48:50 7. Citizen Advisory Board Schedules
Cr. Becker requested that advisory board meeting schedules be provided along with the list of
boards and asked that the Economic Development District, Justice Coordinating Council and
other non City boards with Commission positions be provided.
3:49:31 8. State of the City Address
Cr. Mehl asked Mayor Krauss when he would give the state of the City address.
3:49:32 Mayor Krauss
Mayor Krauss said he would defer the state of the City address for awhile because of the work
that needs to be completed in a timely manner by the Commission.
3:50:26 9. Policy Session
Mr. Kukulski spoke regarding the upcoming February 4th, Thursday noon policy session and the
plan to discuss the goal setting process at that meeting.
3:50:56 Mayor Krauss
Mayor Krauss asked that appropriate staff attend the upcoming policy meeting and requested that
the meeting take place off the dais to facilitate discussion between Commissioners and staff.
3:52:01 I. Adjournment
Mayor Krauss adjourned the meeting at 10:04 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
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