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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 6, 2010
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, December 6, 201 Present were Mayor Jeff Krauss, Commissioner Sean
Becker, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson
Taylor, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, Finance Director
Anna Rosenberry and City Clerk Stacy Ulmen.
* Please refer to the audio recording of this meeting for additional detail.
0:00:13 A. Call to Order — 5:00 p.m. — Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 5 p.m.
0:00.17 B. Work Session
1. Amendments to the Commission Rules of Procedure (Chapter 2.04, Bozeman
Municipal Code) (Sullivan)
City Attorney Greg Sullivan began the discussion regarding the Amendments to the Commission
Rules of Procedure (Chapter 2.04, Bozeman Municipal Code). Mr. Sullivan stated that the
Bozeman City Commission Rules of Procedure have been in effect for over three decades and
play an important role in the administration of meetings and the conduct of Commission
business. Over time, these rules have been amended and expanded upon as technological
changes occurred and as new issues arose related to the conduct of meetings and city business.
The most recent amendment to the rules occurred with the adoption of Ordinance 1757 on
February 9, 2009. After assisting the Commission in its operation under these rules, he believes
that there are numerous items which should be "cleaned up" and other issues the Commission
may want to consider. He spoke regarding a Commissioner's duty to vote, Citizen Advisory
Board Rules of Procedure and streaming of Commission Meetings.
0:06:07 Mr. Sullivan
Mr. Sullivan spoke regarding Robert's Rules of Order and Mason's Rules as procedures for the
Commission to generally abide by.
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Discussion took place regarding Parliamentary process and the quasi judicial process. Mr.
Sullivan stated that he will come back to the Commission with a memo regarding the two
processes. Cr. Andrus stated that Mason's is much more formal. Cr. Taylor likes the way the
meetings are run currently. Discussion took place regarding privileged motions.
0:19:45 Mr. Sullivan
Mr. Sullivan spoke regarding orderly conduct at meetings.
0:20:50 Cr. Mehl
Cr. Mehl spoke regarding special meetings and the request for physical advertising.
0:22:48 Cr, Andrus
Cr. Andrus spoke regarding Commission Liaisons and voting members.
0:26.00 Mayor Krauss
Mayor Krauss spoke regarding how he put together the selection of Commission Liaison's to
boards. He stated that he did recognize seniority,
0.28.36 Cr. Taylor
Cr. Taylor stated that he would like to create a system of creation for liaison placement that is
similar to what has been done.
0.31:28 Mayor Krauss
Mayor Krauss spoke regarding work sessions and public comment.
0:38.42 Mr. Sullivan
Mr. Sullivan spoke regarding agendas for work sessions,
0:40:24 Mayor Krauss
Mayor Krauss spoke regarding Advisory Boards and the need to conform to the Commission
Rules. He stated that for any board that is quasi judicial in nature should have a Rules of
Procedure.
0:41:35 Mr. Sullivan
Mr. Sullivan spoke regarding the need to review by laws with each board to see how they
operate. A standard operating rules to follow may be considered.
0:43:39 Mayor Krauss
Mayor Krauss spoke regarding the rule of 3 votes to deny or approve items. He spoke regarding
conflict of interest.
0:47:51 Cr. Taylor
Cr. Taylor stated that he is concerned about someone being forced to vote in a situation where it
will look bad forever.
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0:57:07 Mayor Krauss
Mayor Krauss spoke regarding reconsiderations.
0:59:20 Cr, Taylor
Cr. 'Taylor spoke regarding televising working meetings.
0:59:46 Stacy Ulmen, City Clerk
Ms. Ulmen spoke regarding microphones.
1:02:02 Mr. Sullivan
Mr. Sullivan stated that this will come back to the Commission in January. Mr. Sullivan stated
that they will look further at Mason's vs Robert's in the future.
1:02:53 Work Session Closed.
Mayor Krauss closed the work session,
1:03:04 Break
Mayor Krauss declared a break.
1:14:13 C. Call to Order Regular Meeting — 6:00 p.m.
Mayor Krauss called the Regular Meeting to order.
1 :14 :32 Mayor Krauss
Mayor Krauss spoke regarding Montana Highway Patrol Trooper David J. DeLaittre, 23, who
was shot and killed near Three Forks recently. He asked that he be honored during the Pledge of
Allegiance and the Moment of Silence this evening.
1:15:40 D. Pledge of Allegiance and a Moment of Silence
1 :16:51 E. Changes to the Agenda
Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to the
agenda. Mr. Winn stated that there was a formatting issue with Action Item 2. Mr. Sullivan
stated that the strikeout underline version of the item did not display correctly. He urged the
Commission to take care of this item next week.
1:18 :34 F. Minutes — October 18, 2010
1 :18 :38 Motion and Vote to approve the minutes from October 18, 2010 as submitted.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the minutes from
October 18, 2010 as submitted.
Those voting Nye being Crs. Andrus, Tay for Becker , Mehl and Mayor Krauss.
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Those voting No being none.
The motion passed 5-0.
1:18 :54 G. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize the City Manager to sign the award of bid to 1`1 Dye for
the replacement of the Main Pool Pump for the Bozeman Swim Center for $40,342.00
(Brennan)
3. Authorize the City Manager to sign the award of bid to Liberty
Electric Inc, for the replacement of the natatorium lighting at the Bozeman Swim Center
for $88,681.00 (Brennan)
1:18:58 Public Comment
Mayor Krauss opened Public Comment.
No person commented.
Mayor Krauss closed Public Comment.
1:19:06 Motion and Vote to approve consent items G. 1-3 as proposed.
It was moved by Cr. Taylor, seconded by Cr. Becker to approve consent items G. 1-3 as
proposed.
Those votine Ave bcine Crs. Taylor, Becker, Mehl, Andrus and Ma or Krauss.
Those voting No being none.
The motion passed 5-0.
1:19:25111. Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:20:18 1. Mayoral Proclamation — Bozeman Hawks Football (Mayor Krauss)
Mayor Krauss presented a Mayor Proclamation regarding Bozeman Hawks Football who just
finished a 13-0 season and won the State AA football championship.
1:22:40 J. Action Items
1:22:42 1. Frost/Kerin Administrative Project Decision Appeal Application No. C-
10004 (Bristor)
1:24:06 Allyson Bristor, Associate Planner
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Ms. Bristor gave the staff presentation regarding the Frost/Kerin Administrative Project Decision
Appeal Application No. C- 10004. Ms. Bristor gave some history regarding the application
stating that on May 20, 2010, the Department of Planning received a Certificate of
Appropriateness (COA) application from Patrick Donahoe, the owner of the property addressed
as 613 South 6th Avenue for construction of a garage. She showed pictures and the drawings of
the project. She showed amended drawings of the project.
1:35:32 Ms. Bristor
Ms. Bristor stated that the height is the main thing that changed in the application,
1:38:13 Ms. Bristor
Ms, Bristor stated that the garage can have running water. There are standards for a dwelling,
1:41:42 Ms. Bristor
Ms, Bristor spoke regarding the deviation.
1,45,15 Rick Kerin, Appellant
Mr, Kerin gave the Appellant presentation. Mr. Kerin stated that he and the applicant have been
neighbors for 30 years. He spoke regarding the increase in the elevated grade. He stated that the
height and mass is not what was proposed. He showed pictures of the garage and spoke
regarding the scale of the area. He stated that he and his wife felt that they were out of the loop.
He spoke regarding the wall scale. It affects their light, air space and view. The building is not
appropriate. They would like the applicant to comply with the original plan.
2:00:27 Mr. Kerin
Mr, Kerin stated that they signed the original zero lot line agreement based on the original scaled
drawing.
2:05,12 Public Comment
Mayor Krauss opened public comment.
2:05:24 Gre Vidmar, Public Comment
Mr. Vidmar stated that he is a builder. He stated that Mr. Kerin has turned the facts around. The
dimensions of the building have been correct since the beginning. He spoke regarding the height
measurements and the height of the stab. Mr. Kerin's drainage drains on the applicant's property.
Mr. Kerin has been kept in the loop.
2:13:51 Pat Donahoe, Public Comment
Mr. Donahoe stated that he has followed the rules and regulations. He is aware of
communicating with the neighbors. He stated that his current garage is in a low grade and
constantly floods. 1 -le stated that his neighbor pulled out the forms for the concrete. Meetings
have taken place to work out a compromise. The foundation was lowered. He did try to
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accommodate the neighbor's concerned. There was never an attempt to deceive the neighbors.
They have followed the rules.
2:22:36 Susan Swimley, Public Comment
Mr. Swimley is an Attorney stated that she represents Mr. Donahoe and the statements made by
Mr. Kerin related to the building being a barn, studio apartment, kitchen etc. are not factual. The
building meets standards. It compares to everything in the entire area. She commended staff for
their assistance.
2:24:49 Mr. Kerin
Mr. Kerin stated that he does not lie and he is hoping to get back to the way things used to be. He
spoke regarding the parking pad. He spoke regarding the original drawings.
2:28:13 Ms. Bristor
Ms. Bristor spoke regarding height maximums and the property lines. She spoke regarding
parking in the rear of the structure.
2:40:21 Public Hearing Closed
Mayor Krauss closed the Public Hearing.
2:40:52 Motion that having reviewed the application materials, heard public comment, and
considered all of the information presented, move to approve the Frost/Kerin
Administrative Project Decision Appeal application No. C-10004, incorporating by
reference the findings included in the staff memo and the staff recommendation.
It was moved by Cr. Becker, seconded by Cr. Mehl that having reviewed the application
materials, heard public comment, and considered all of the information presented, move to
approve the Frost/Kerin Administrative Project Decision Appeal application No. C-10004,
incorporatina by reference the findings included in the staff memo and the staff
recommendation.
2:41:34 Cr, Becker
Cr. Becker stated that the decision to be made is merely if the applicant operated in the
constraints of the policy that has been set by staff and the Commission to build the building.
There are other issues beyond the scope of what is being reviewed. lie will be voting no and will
be asking staff to lift the stop work order.
2:42:21 Cr. Taylor
Cr. Taylor stated that he will voting no. He spoke regarding the height and the lot line agreement.
He sees no reason to block the continuation. We are well within the Unified Development
Ordinance.
2:45:08 Cr. Andrus
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Cr. Andrus stated that she will be voting. She hopes the neighbors can work it out. The building
meets all the guidelines.
2:46.07 Cr. Mehl
Cr. Mehl he will be voting no. It is unfortunate that we are here today. The question is if the City
complied correctly,
2.47.20 Mayor Krauss
Mayor Krauss stated that the building is big. The question is how modem needs fit in with what
we have. He will be voting in the negative.
2:50:54 Mr. Sullivan
Mr. Sullivan wanted to make sure that the Commission still agrees with staffs findings. They
agreed.
2:51:32 Mr. Sullivan
Mr. Sullivan stated that if the motion fails, the stop work order would automatically occur.
2:51:50 Vote on the Motion that having reviewed the application materials, heard public
comment, and considered all of the information presented, move to approve the
Frost/Kerin Administrative Project Decision Appeal application No. C-10004,
incorporating by reference the findings included in the staff memo and the staff
recommendation.
Those voting Ave being none.
Those voting No being Crs. Becker, Mehl, Andrus, T&Ilor and Mayor Krauss.
The motion failed 0-5.
2:52:312. Provisional Adoption of Ordinance No. 1796, Engineering Text
Amendments to Title 18, Unified Development Ordinance, Bozeman Municipal Code, No.
Z-10304 (Saunders)
2:53:47 Mr. Sullivan
Mr. Sullivan stated that the Ordinance did not show the strike outs. The public did not have the
ability to see the specific changes. He stated that the Ordinance should be acted upon next week.
2:55:49 Chris Saunders, Assistant City Planner
Mr. Saunders gave the Staff presentation regarding the Provisional Adoption of Ordinance No.
1796, Engineering Text Amendments to Title 18, Unified Development Ordinance, Bozeman
Municipal Code, No. Z-10304.
3.06:42 Cr. Andrus
Cr. Andrus spoke regarding water rights,
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3:07.19 Mr. Saunders
Mr. Saunders spoke regarding processes with water rights.
3 Debbie Arkell, Director of Public Services
Ms. Arkell spoke regarding change of use applications.
3:15:47 Mr. Saunders
Mr. Saunders stated that these changes will reduce the number of applications that come before
the City Commission. Mr. Saunders spoke regarding transferring some responsibility to staff, He
spoke regarding water rights and the laws and mechanics regarding them.
3:18:07 Ms. Arkell
Ms, Arkell spoke regarding the timing of annexations and the cost of water rights,
3,22:21 Mr. Saunders
Mr. Saunders spoke regarding the design year and traffic study.
3:25:05 Mayor Krauss
Mayor Krauss spoke regarding annexation agreements.
3:27:50 Mr. Saunders
Mr. Saunders spoke regarding the exception for level of service standards.
3.29:43 Mayor Krauss
Mayor Krauss stated that this item will be added to the December 13th Agenda for Provisional
adoption.
3:31:38 Break
Mayor Krauss declared a break.
3:36:24 Meeting called back to order
Mayor Krauss called the meeting back to order,
3:36:27 3. Adoption of the Capital Improvements Plan (CIP) for 2012-2016, General
Fund (Rosenberry)
3:36:30 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation regarding the Adoption of the Capital Improvements
Plan (CIP) for 2012-2016, General Fund.
3:39:38 Ms. Rosenberry
Ms. Rosenberry spoke regarding the ratings and scoring criteria.
3:41:22 Cr. Andrus
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Cr. Andrus spoke regarding the copy machine replacements.
3:41:52 Ms. Rosenberry
Ms. Rosenberry spoke regarding the possibility of replacing the copiers all at once,
3:45:17 Ms. Rosenberry
Ms. Rosenberry spoke regarding the patrol motorcycles.
3:45:40 Mr. Winn
Mr. Winn spoke regarding the useful life of police motorcycles.
3:49.26 Motion, to adopt the General Fund Capital Improvements Plan (CIP) for 2012-
2016.
It was moved by Cr. Mehl, seconded by Cr. Andrus to adopt the General Fund Capita
Improvements Plan (CIP) for 2012-2016.
3:49 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
3:49:45 Vote on the Motion to adopt the General Fund Capital Improvements Plan (CIP)
for 2012-2016.
Those voting A
le being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:50:02 4. Reappointment to the Transportation Coordinating Committee (Kissel)
3:50:09 ' Motion and Vote to appoint Dan Martin to the Transportation Coordinating
Committee.
It was moved by Cr. Mehl, seconded bj Cr. Andrus to appoint Dan Martin to the
Transportation Coordinating Committee.
Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion _passed 5-0.
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3:50:54 K. FYI/Discussion
3:50:57 1. Replacement Street Light for the Willson and Cleveland lighting District
Mr. Winn pointed out a street light that will replace the old street lights on Willson and
Cleveland. There was a meeting last Thursday with the neighbors and there will be another
meeting January 12th at the Story Mansion.
3:51.39 2. L & J Center and Jail Tour-Wednesday at 8 a.m.
This tour will take 2 hours. Mayor Krauss, Cr. Becker and Cr. Mehl stated that they will be there
at 10 a.m.
3:53.31 Mr. Winn
Mr. Winn spoke further regarding the Willson and Cleveland lights.
3,57:01 3. Rural Fire Chief Duties Agreement
Mr, Sullivan stated that there will be a Rural Fire Chief Duties Agreement that will come before
the Commission next week. The County wants to take over the Rural Fire Chief duties on an
interim basis. These materials will come in late to the Commission,
3:58:31 4. Regional Training Opportunity in Big Timber, December 15th
Ms, Ulmen stated that MMIA and the Local Government Center are putting on a Regional
Training. This will take place from 8:30-4:30 p.m. Carpooling over is an option.
4:00:05 5. Lobby Registration
Cr. Becker stated that he is confused about a letter from the State that was sent to the
Commission regarding lobbying. Ms. Ulmen took a look at it and it was meant to notify the
Commission that they can register on line.
4:01:13 6. Litigation updates
Cr. Becker would like a Litigation Update. Mr. Sullivan stated that they are working on this.
4:02:57 7. Cr. Taylor will be gone for the December 20, 2010 Meeting
4:03:14 8. AED in City Hall
Mr. Winn stated that a new AED has been installed in City Hall in the Lobby area.
4:04:38 L. Adjournment
Mayor Krauss adjourned the meeting at 9:08 p.m.
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