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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 10, 2011
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday May 17, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, Finance Director Anna Rosenberry, Interim Planning Director
Chris Saunders, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel.
These minutes are not word for word and should be considered along with the audio recording.
0:00:01 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
0:00:03 B. Pledge of Allegiance and a Moment of Silence
Mayor Krauss dedicated the moment of silence to the victims of the recent shooting in Arizona.
0:02:09 C. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda.
0:02:11 Chris Kukulski, City Manager
Mr. Kukulski said the Commission has asked that consent Item 2 be moved to an action item.
0:02:56 Motion and Vote to approve consent items 1 and 3.
It was moved by Cr. Becker, seconded by Cr. Andrus to approve consent items 1 and 3.
Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:02:59 D. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign a letter supporting the Summit Housing Group,
Inc.'s application to the Montana Housing Board for low income housing tax
credits pending the outcome of an informal review of the project by the
Development Review Committee (Krueger)
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3. Provisionally adopt Ordinance No. 1799, enacting Baxter Meadows B-2 to R-4
rezoning (Saunders)
0:03:11 Public Comment
Mayor Krauss called for public comment on the consent items saying he had forgotten to ask for
public comment before the vote.
No person commented.
0:03:56 E. Public Comment
Mayor Krauss called for general public comment.
0:04:42 Audrey Kalinowski, Public Comment
Ms. Kalinowski of 111 Julia Martin Drive stated for full disclosure that the Commission will be
considering her appointment to the Bike Board later in the meeting and she is an adjunct math
instructor at Gallatin College Programs. She said that she supports the city allocating money for
the Gallatin College Programs.
0:05:22 Public comment closed.
Seeing no further public comment, Mayor Krauss closed public comment.
0:05:35 F. Special Presentation - Plaque and Certificate of Appreciation presented by
the American Legion
0:05:40 Len Albright, American Legion Post 14
Mr. Albright expressed appreciation from the American Legion membership and auxiliary during
the rebuild of the American Legion. He presented and read a certificate of Appreciation and a
plaque to the City of Bozeman and the Commission. Mr. Albright also presented a certificate to
Mayor Jeff Krauss for his additional work.
0:08:07Mayor Krauss
Mayor Krauss said, "For the people who went into danger and wake up in memory of that danger
and serve their country in ways I can only imagine; this means more to me than just about
anything I've done in seven years on the Commission. Thank you very much."
0:10:36 G. Action Items
0:10:37 1. Resolution No. 4308, a Resolution directing the City Manager to bring before
the Commission an Amendment to the Current Fiscal Year 2011 Budget to Appropriate
the Equivalent of 1.5 Mills from General Fund Cash Reserves for Gallatin College
Programs and to Develop a Preliminary Budget for Fiscal Year 2012 that includes 1.5 Mills
for the Support of Gallatin College Programs *Title changes 1-6-11 (Kukulski)
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0:10:57 Mayor Krauss
Mayor Krauss said that both he and Commissioner Taylor need to have a discussion with the city
attorney regarding conflicts of interest.
0:11:19 Cr. Taylor
Commissioner Taylor disclosed that he is employed by Montana State University as a .6 FTE as
an adjunct professor. He disclosed the classes he teaches and his direct supervisor. Cr. Taylor has
had no discussions or intentions to teach at the Gallatin College in the future.
0:12:28 Mr. Sullivan
Mr. Sullivan spoke to Cr. Taylor's conflict of interest statement saying his employment with the
College of Business is removed far enough from the funding source and the administration of the
money that the city would contribute would not create a conflict of interest on this item. He also
said that this would also apply to Mayor Krauss' position with the Museum of the Rockies.
0:13:43 Mayor Krauss
Mayor Krauss disclosed that he is an employee of Montana State University and he has been on
the Gallatin College Programs Advisory Board. While he does not feel there is a legal conflict of
interest, in the interest of a perceived conflict of interest due to his board membership, Mayor
Krauss handed the gavel over to Deputy Mayor Becker.
0:15:26 Greg Sullivan
Mr. Sullivan agreed that the Mayor does not have a legal conflict on this item and explained
why.
0:16:30 Deputy Mayor Becker
Deputy Mayor Becker continued the item.
0:16:53 Chris Kukulski, City Manager
Mr. Kukulski began the staff presentation on this item.
0:21:59 Bob Hietela, Dean of Gallatin College Programs at Montana State University
Mr. Hietela introduced Stephen Barrett from the Montana Board of Regents and Dr. Cruzado,
Dean of Montana State University.
0:22:56 Stephen Barrett, Montana Board of Regents
Mr. Barrett provided a brief historic perspective on why the regents are so interested in this item.
He also urged the Commission to provide support for this Resolution.
0:26:25 Cr. Mehl
Cr. Mehl asked Mr. Barrett a clarification question regarding the mill levy examples he gave.
0:27:01 Waded Cruzado, President of Montana State University
Dr. Cruzado began by thanking the Mayor and Commissioners for their consideration of the
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resolution that would provide support for the students that would benefit from the work force
programs that they have at Gallatin College Programs at Montana State University. She then
spoke regarding partnering with the city and the numerous reasons that the two year college is
needed.
0:30:27 Deputy Mayor Becker
Deputy Mayor Becker began questions for the applicants regarding timing of the funding in
question.
0:32:14 Bob Hietela
Mr. Hietela provided a presentation regarding academic programs, enrollment numbers,
including dual enrollment and the vision and mission of Gallatin College. He then spoke
regarding the challenges the college is facing and how Gallatin College would use the funding
provided by the City towards new workforce program start-ups.
0:40:12 Amber Jillard, Student at Gallatin College Programs
Ms. Jillard spoke on behalf of the Gallatin College Program as a non-traditional student with a
full time job, saying the program has changed her life completely, and she has recently been
hired in the industry.
0:42:14 Cr. Taylor
Cr. Taylor began questions on the item.
0:44:08 Cr. Mehl
Cr. Mehl asked follow up questions.
0:44:50 Deputy Mayor Becker
Deputy Mayor Becker continued questions to the applicants.
0:53:10 Mr. Kukulski
Mr. Kukulski spoke to the fiscal position of the City.
0:57:41 Public Comment
Deputy Mayor Becker opened public comment on this item.
0:58:05 Daryl Schliem, Public Comment
Mr. Schliem, CEO of the Bozeman Area Chamber of Commerce spoke on behalf of the Chamber
membership in support of this Resolution emphasizing the needs of businesses to have people
trained for the skill sets they need.
1:00:08 Stuart Leidner, Public Comment
Mr. Leidner, Executive Director for Prospera Business Network, a member of the Economic
Development Council, and a member of the Gallatin College Advisory Board, would urge
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support for this resolution to ensure that this moves forward. Mr. Leidner emphasized that
workforce training is crucial for economic development and will benefit the entire area.
1:01:36 Tracy Menuez, Public Comment
Ms. Menuez, a Human Development Associate with Human Resource Development Council and
member of the Economic Development Council urged the Commission to support Gallatin
Colleges efforts to fill a long term workforce training gap in the community for both citizens and
businesses.
1:02:48 Public comment closed.
Seeing no further public comment, Deputy Mayor Becker closed public comment.
1:02:51 Motion, Discussion and Vote
Deputy Mayor Becker opened motion, discussion and vote.
1:03:11 Deputy Mayor Becker
Deputy Mayor Becker began discussion on the item.
1:05:27 Cr. Taylor
Cr. Taylor continued discussion on the motion.
1:08:14 Cr. Andrus
Cr. Andrus continued discussion on the item.
1:10:14 Cr. Mehl
Cr. Mehl continued discussion on this item.
1:13:52 Motion and Vote to approve Resolution No. 4308, a Resolution of the City of
Bozeman, Montana, directing the City Manager to bring before the Commission an
amendment to the current FY11 budget to appropriate the equivalent of 1.5 mills from
general fund cash reserves for Gallatin College Programs and to develop preliminary
budgets for FY12 and FY13 that each include 1.5 mills for the support of Gallatin College
Programs.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Resolution No. 4308, a
Resolution of the City of Bozeman, Montana, directing the City Manager to bring before
the Commission an amendment to the current FY11 budget to appropriate the equivalent
of 1.5 mills from general fund cash reserves for Gallatin College Programs and to develop
preliminary budgets for FY12 and FY13 that each include 1.5 mills for the support of
Gallatin College Programs.
1:15:33 Amendment to the main motion that in the (first sentence) of the preamble
(Resolution title) adding 'up to' between '...to the current FY11 budget to appropriate (up
to) the equivalent of 1.5 mills... with the same change in the first paragraph of section one.
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Also, in the same sentence to add at the end, 'once notified in writing by the Gallatin
College Dean and President of Montana State University that Gallatin College is ready to
proceed with the citys funding.
It was moved by Cr. Mehl, seconded by Cr. Taylor to make an amendment to the main
motion that in the (first sentence) of the preamble (Resolution title) adding 'up to' between
'...to the current FY11 budget to appropriate (up to) the equivalent of 1.5 mills... with the
same change in the first paragraph of section one. Also, in the same sentence to add at the
end, 'once notified in writing by the Gallatin College Dean and President of Montana State
University that Gallatin College is ready to proceed with the citys funding.
1:16:44 Cr. Taylor
Cr. Taylor began discussion on the amendment to the motion.
1:17:29 Vote on the Amendment to the main motion that in the (first sentence) of the
preamble (Resolution title) adding 'up to' between '...to the current FY11 budget to
appropriate (up to) the equivalent of 1.5 mills... with the same change in the first
paragraph of section one. Also, in the same sentence to add at the end, 'once notified in
writing by the Gallatin College Dean and President of Montana State University that
Gallatin College is ready to proceed with the citys funding.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Deputy Mayor Becker. Those
voting No being none. The motion passed 4-0.
1:17:46 Amendment to the main motion and Vote to modify section 2 adding 'and FY 13'
twice after FY12.
It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the main motion to modify
section 2 adding 'and FY 13' twice after FY12. Those voting Aye being Crs. Mehl, Taylor,
Andrus and Deputy Mayor Becker.
1:18:43 Cr. Mehl clarified the intent of the motion.
Cr. Mehl clarified for the record, that if Gallatin College Programs did not use funding for
one year, that funding would not roll over to be used the next year.
1:19:50 Vote on the main motion as amended to approve Resolution No. 4308, a Resolution
of the City of Bozeman, Montana, directing the City Manager to bring before the
Commission an amendment to the current FY11 budget to appropriate up to the equivalent
of 1.5 mills from general fund cash reserves for Gallatin College Programs and to develop
preliminary budgets for FY12 and FY13 that each include 1.5 mills for the support of
Gallatin College Programs and to add at the end of the sentence in section 1 of the
Resolution, 'once notified in writing by the Gallatin College Dean and President of
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Montana State University that Gallatin College is ready to proceed with the citys funding'
and to modify section 2 adding 'and FY 13' twice after FY12.
Those voting Aye being Crs. Andrus, Mehl, Taylor and Deputy Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:20:12 Break
Deputy Mayor Becker called for a break.
1:26:48 Back from Break
Mayor Krauss called the meeting back to order after the break.
1:26:58 Mayor Krauss
Mayor Krauss thanked the Commission for supporting the Gallatin College and said he is 100%
behind the decision.
1:27:19 2. Authorize City Manager to sign a letter supporting the Summit Housing
Group, Inc.'s application to the Montana Housing Board for low income housing tax
credits pending the outcome of an informal review of the project by the Development
Review Committee (Krueger) This item moved from consent.
1:27:50 Brian Krueger, Dept. of Planning and Community Development
Mr. Krueger provided the presentation on this item.
1:29:46 Cr. Mehl began questions for staff.
1:31:47 Cr. Taylor
Cr. Taylor continued questions for staff.
1:32:22 Cr. Becker
Cr. Becker continued questions for staff.
1:34:05 Scott Keiper, Applicant
Mr. Keiper with Summit Housing Group in Missoula said he would like a letter of support
saying 'we are generally in favor of affordable housing in the City of Bozeman.' Mr. Keiper
spoke with CAHAB, and will be meeting with them on the 18th. Goal is to target lower rents,
income levels.
1:35:32 Mayor Krauss
Mayor Krauss began questions for the applicant.
1:36:37 Public Comment
Mayor Krauss opened public comment on this item.
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1:36:50 Jeff Rupp, Public Comment
Mr. Rupp, Director of the Human Resource Development Council spoke to the long term
partnership between the City and HRDC regarding affordable housing providing some history.
Mr. Rupp expressed his concern and frustration that this had not been brought forth to the
Community Affordable Housing Board so that affordable housing projects reflect the needs of
the community. Mr. Rupp also said most rates quoted in the application are above market.
HRDC is asking the Commission to support the letter request, but be honest that the rate
structure provided is not a valid affordability rate structure. Mr. Rupp stated that he does have
several colleagues in common with Summit Housing and does feel they are a reputable company.
1:40:14 Tracy Menuez, Public Comment
Ms. Menuez with the Human Resource Development Council, spoke on behalf of the
Community Affordable Housing Advisory Board as the chair stating that the applicant will be
attending a meeting of CAHAB on the 18th.
1:41:21 Public comment closed.
Seeing no further public comment, Mayor Krauss closed public comment.
1:41:39 Mr. Keiper, Applicant
Mr. Keiper said a good market study was prepared and he believes they are below market for
both two and three bedrooms.
1:42:13 Mayor Krauss
Mayor Krauss began questions for the applicant.
1:45:36 Cr. Andrus
Cr. Andrus continued questions for the applicant.
1:46:24 Public hearing closed. Motion, discussion and vote opened.
1:46:40 Motion to authorize the City Manager to sign a letter supporting the Summit
Housing Group, Inc's application to the Montana Housing Board for low income housing
tax credits pending the outcome of an informal review of the project by city staff.
It was moved by Cr. Mehl, seconded by Cr. Taylor to authorize the City Manager to sign a
letter supporting the Summit Housing Group, Inc's application to the Montana Housing
Board for low income housing tax credits pending the outcome of an informal review of the
project by city staff.
1:46:59 Cr. Mehl
Cr. Mehl began discussion on the motion stating why he changed the motion from review by the
Development Review Committee to city staff.
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1:47:28 Cr. Taylor
Cr. Taylor continued discussion on the motion and clarified that he would like the letter changed
to reflect what the proposal actually is.
1:48:58 Cr. Becker
Cr. Becker continued discussion on the motion.
1:55:48 Cr. Andrus
Cr. Andrus continued discussion on the motion.
2:03:00 Cr. Mehl
Cr. Mehl summed up his views on the motion.
2:05:26 Vote to authorize the City Manager to sign a letter supporting the Summit Housing
Group, Inc's application to the Montana Housing Board for low income housing tax credits
pending the outcome of an informal review of the project by city staff.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being Cr. Becker.
The motion passed 4-1.
2:06:10 3. Bozeman Brewery Continuance (Kramer/Bristor) *Additional Applicant
Material received 1-7-2011
2:06:54 Allyson Bristor, Associate Planner and Neighborhoods Coordinator
Ms. Bristor provided the presentation on this item.
2:17:12 Cr. Taylor
Cr. Taylor began questions for staff asking about safety issues.
2:20:24 Cr. Becker
Cr. Becker continued questions for staff asking about the historic district.
2:23:26 Cr. Andrus
Cr. Andrus continued questions for staff regarding historic districts.
2:25:49 Cr. Mehl
Cr. Mehl continued questions for staff asking about the value of the structure.
2:31:42 Cr. Mehl
Cr. Mehl continued questions for staff asking about safety issues.
2:33:24 Cr. Andrus
Cr. Andrus continued questions for staff asking for a description of the wall.
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2:35:15 Graham Goff, Applicant
Mr. Goff of Goff Architecture, 201 S. Wallace, gave the applicant presentation saying they have
been unable to secure funding to continue this project and feel the only way to protect the health
and safety of the community is to demolish the wall.
2:41:06 Mayor Krauss opened questions for the applicant.
2:41:13 Cr. Taylor
Cr. Taylor began questions for the applicant.
2:46:24 Mayor Krauss
Mayor Krauss continued questions for the applicant.
2:49:30 Cr. Andrus
Cr. Andrus continued questions for the applicant.
2:50:49 Cr. Mehl
Cr. Mehl continued questions for the applicant.
3:02:06 Public Comment
Mayor Krauss opened public comment on this item.
3:02:14 Christopher Spogis, Public Comment
Mr. Spogis of 613 N. Tracy, proprietor of Christopher's Woodworks spoke regarding the
economic value of the wall to his business. Mr. Spogis would encourage the Commission to vote
to preserve the wall and preserve economic opportunity in the neighborhood.
3:03:34 Evan Ruke, Public Comment
Ms. Ruke spoke regarding the community and the city owning this historical heritage. She would
like to see the wall preserved and asked that the developer be held accountable for what they
started and asked that the city help them if possible.
3:04:53 Chris Nixon, Public Comment
Mr. Nixon of 719 North Wallace, President of the NE Neighborhood Association said members
overwhelmingly voted to keep the wall. Mr. Nixon said that SHIPO has determined that the wall
is important to the district and this is 1 out of ten historic brewery districts in the nation. Mr.
Nixon asked that the city and citizens look at raising funds, or the city provide a low interest loan
from the city.
3:09:48 Jason Delmue, Public Comment
Mr. Delmue of 505 North Church asked where the property owner was and why they were not
present. Mr. Delmue feels the staff recommendation for a six month stay is not strong enough
considering the value of the wall to the community.
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3:13:25 Peter Mommsen, Public Comment
Mr. Mommsen of 517 North Church recommended requiring bonding when developers would
like to alter historic buildings.
3:14:20 John Gerster, Public Comment
Mr. Gerster of 719 North Wallace spoke to the huge value of the district and the wall. Mr.
Gerster has a historic residence next to the location and spoke regarding the sacrifices they have
made for the history of their property. He requested that the city provide the developer with a
low interest loan to have the wall braced.
3:17:57 Charlotte Knighton, Public Comment
Mr. Knighton of 501 North Church spoke regarding the other plans within the northeast
community that did not occur and asked that the wall be retained.
3:19:16 Jeanne Wesley-Weise, Public Comment
Ms. Wesley-Weise of 707 North Wallace Street referred to an email letter she had sent. She and
her husband are owners of one of the properties that will lose historic designation if the district
loses status, and she is an officer of NENA. She said no one from Goff or Scala came and spoke
to her about the wall.
3:21:05 Paul House, Public Comment
Mr. House of 510 North Church spoke regarding the contractual and social contract the
developer entered into and said it is time for the developer to live up to that contract.
3:22:40 Matt Stash, Public Comment
Mr. Stash of 516 North Wallace is in support of keeping the wall.
3:23:15 Ollie Nelson, Public Comment
Mr. Nelson, owner of the historic cold storage building at 627 East Peach spoke regarding the
work he has put into his historic building. Mr. Nelson said he was frustrated that there was no
backup plan or recourse when the original plan didn't work. He would strongly suggest there is a
viable option to do something with this wall. Mr. Nelson feels it is short sighted that we are here
at this point to begin with.
3:26:49 Mr. Wiese, Public Comment
Mr. Wiese of 707 North Wallace spoke urging the Commission to require bonding on projects
such as this in the future to protect historic sites.
3:27:41 Public comment closed.
Seeing no further public comment, Mayor Krauss closed public comment.
3:27:57 Mayor Krauss asked Commissioners for questions of staff.
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3:28:09 Cr. Becker
Cr. Becker began questions for staff related to performance bonding.
3:29:39 Cr. Becker
Cr. Becker asked questions regarding the small business loan program.
3:32:03 Mr. Goff, Applicant Rebuttal
Mr. Goff responded to questions and statements made during public comment.
3:36:32 Public hearing closed.
Mayor Krauss closed the public hearing and opened motion, discussion and vote.
3:36:50 Motion that having heard and considered public comment, we hereby adopt the
findings presented in the November 15, 2010 and January 10, 2011 staff reports for the
Modifications to the Final Site Plan #Z-07145A except we find that until a detailed
structural report is provided with construction bids made from engineered plans the
commission does not have sufficient information to make the findings required under
18.28.080.C.2. parenthesis A or C because the applicant has failed to satisfactorily
demonstrate compliance with 18.28.080.C.2 (a) or (c) because: (i) the applicant has not
satisfactorily demonstrated that work to permanently stabilize the wall is not reasonable
under the circumstances; (ii) the applicant has not demonstrated costs associated with the
permanent stabilization of the wall exceed the value of the structure; and (iii) the applicant
has not sufficiently demonstrated the structure has no viable economic or useful life
remaining. As such, I move to deny the requested modifications to the final site plan for
demolition of the east facade of the brewery.
Cr. Taylor moved, Cr. Becker seconded that having heard and considered public comment,
we hereby adopt the findings presented in the November 15, 2010 and January 10, 2011
staff reports for the Modifications to the Final Site Plan #Z-07145A except we find that
until a detailed structural report is provided with construction bids made from engineered
plans the commission does not have sufficient information to make the findings required
under 18.28.080.C.2.parenthesis A or C because the applicant has failed to satisfactorily
demonstrate compliance with 18.28.080.C.2 (a) or (c) because: (i) the applicant has not
satisfactorily demonstrated that work to permanently stabilize the wall is not reasonable
under the circumstances; (ii) the applicant has not demonstrated costs associated with the
permanent stabilization of the wall exceed the value of the structure; and (iii) the applicant
has not sufficiently demonstrated the structure has no viable economic or useful life
remaining. As such, I move to deny the requested modifications to the final site plan for
demolition of the east facade of the brewery.
3:38:17 Cr. Taylor
Cr. Taylor began discussion on the motion stating he does not feel the standards have been met
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providing some detail regarding why. He would encourage the developer, the city and the
community to work together to find a way to shore up the wall in a way that will be safe and last
awhile. Cr. Taylor said he is worried about the safety of the wall.
3:44:12 Cr. Becker
Cr. Becker spoke to (stated findings for) the motion saying the onus is on the applicant to
establish that the review criteria are met and they have not been met. The proposal is not
satisfactory to make affirmative findings required by this section of Bozeman Municipal Code.
The impact of removing the wall on the long term viability of the Bozeman Brewery District is
far in excess of the largest numbers of the stabilization cost.
3:45:16 Cr. Becker
Cr. Becker spoke regarding the possibility of using existing lending mechanisms. He asked staff
to take the initiative to identify some and work with the applicant to determine if some type of
partnership could be achieved. Cr. Becker then spoke to the public testimony provided on this
issue.
3:48:37 Rules Suspended until 11 p.m.
Mayor Krauss suspended the rules until 11 p.m. to allow the meeting to run past 10 p.m.
3:48:38 Cr. Andrus
Cr. Andrus said that she concurs with the motion and the findings, and then spoke to the public
comments received.
3:50:16 Cr. Mehl
Cr. Mehl said he expects the applicant to reapply with more information or they will reach some
understanding with other parties.
3:52:18 Mayor Krauss
Mayor Krauss said he would support the motion and spoke regarding the findings and addressed
public comment received.
3:59:29 Vote on the Motion that having heard and considered public comment, we hereby
adopt the findings presented in the November 15, 2010 and January 10, 2011 staff reports
for the Modifications to the Final Site Plan #Z-07145A except we find that until a detailed
structural report is provided with construction bids made from engineered plans the
commission does not have sufficient information to make the findings required under
18.28.080.C.2.parenthesis A or C because the applicant has failed to satisfactorily
demonstrate compliance with 18.28.080.C.2 (a) or (c) because: (i) the applicant has not
satisfactorily demonstrated that work to permanently stabilize the wall is not reasonable
under the circumstances; (ii) the applicant has not demonstrated costs associated with the
permanent stabilization of the wall exceed the value of the structure; and (iii) the applicant
has not sufficiently demonstrated the structure has no viable economic or useful life
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remaining. As such, I move to deny the requested modifications to the final site plan for
demolition of the east facade of the brewery.
Those voting Aye being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:00:38 Break
Mayor Krauss called for a break.
4:09:33 Back from break.
Deputy Mayor Becker called the meeting back to order stating the Mayor would be returning
shortly.
4:09:44 3. Mitchell Impact Fee Credit Request and Appeal No. IFCR-0601 (Saunders)
4:09:55 Chris Saunders, Planning and Community Development
Mr. Saunders provided the staff presentation on this item.
4:17:30 Cr. Andrus
Cr. Andrus began questions for staff.
4:18:17 Mayor Krauss
Mayor Krauss continued questions for staff.
4:18:34 Cr. Taylor
Cr. Taylor continued questions for staff.
4:23:47 Cr. Becker
Cr. Becker continued questions for staff.
4:29:55 Cr. Mehl
Cr. Mehl continued questions for staff.
4:32:36 Susan Swimley, Applicant
Ms. Swimley spoke on behalf of the Mitchell Development Group providing the applicant
presentation on this item.
4:42:02 Cr. Mehl
Cr. Mehl began questions for staff.
4:43:28 Rules suspended to 11:15 p.m.
Mayor Krauss suspended the rules of procedure to allow the meeting to extend past 11 p.m.
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4:43:50 Public Comment
Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public
comment.
4:44:03 Motion, Disccussion and Vote.
4:44:16 Cr. Becker
Cr. Becker requested and began discussion before he makes the motion.
4:46:03 Motion to direct staff to come back with a specific plan of action for amending the
CIP to include the items addressed in the applicants appeal.
It was moved by Cr. Becker, seconded by Cr. Andrus to direct staff to come back with a
specific plan of action for amending the CIP to include the items addressed in the
applicants appeal.
4:46:24 Mayor Krauss
Mayor Krauss began discussion on the motion.
4:51:42 Aimee Kissel, Deputy City Clerk
Ms. Kissel repeated the motion.
4:51:52 Cr. Mehl
Cr. Mehl continued discussion on the motion.
4:52:04 Cr. Becker
Cr. Becker continued discussion on the motion.
4:53:37 Cr. Taylor
Cr. Taylor continued discussion on the motion.
4:59:43 Motion and Vote to table Cr. Becker's motion.
It was moved by Cr. Andrus, seconded by Cr. Mehl to table Cr. Becker's motion.
Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
5:00:06 Cr. Mehl
Cr. Mehl began questions for counsel.
5:00:50 Mr. Saunders
Mr. Saunders responded to Cr. Mehl's questions about the criteria needed for findings on this
application.
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5:02:02 Motion that criteria 3 and 4 for this project be amended concerning the Fowler
Signal and intersection alterations and the Fowler Sewer Line finding that they are
capacity expanding and not fully project related and in addition criteria 5 shall be waived
for the public interest because of the expansion and capacity this project has brought to
Bozeman.
It was moved by Cr. Mehl, seconded by Cr. Taylor that criteria 3 and 4 for this project be
amended concerning the Fowler Signal and intersection alterations and the Fowler Sewer
Line finding that they are capacity expanding and not fully project related and in addition
criteria 5 shall be waived for the public interest because of the expansion and capacity this
project has brought to Bozeman. This motion was modified/clarified later.
5:02:41 Mayor Krauss
Mayor Krauss asked for clarification on the motion.
5:03:04 Cr. Mehl
Cr. Mehl summarized his motion.
5:03:45 Chris Saunders, Dept. of Planning and Community Development
Mr. Saunders explained that the CIP cannot be amended right now, but rather can direct staff to
bring back for consideration amendments to the CIP.
5:03:57 Cr. Mehl
Cr. Mehl clarified he would like to add to his motion to direct staff to bring back for
consideration amendments to the CIP for the projects he listed.
5:04:11 Cr. Mehl provided the following clarification to the Motion that criteria 4 be CIP
funded that we would direct staff to come back with a finding that those projects are
capacity related and not fully project related and for those projects for criteria #5 which
concerns timing that we find a public interest in waiving the criteria.
5:04:37 Cr. Taylor confirmed his second on the motion.
5:04:46 Mayor Krauss
Mayor Krauss began discussion on the motion.
5:05:19 Cr. Mehl
Cr. Mehl continued discussion on the motion.
5:06:05 Mayor Krauss
Mayor Krauss said he would entertain a motion to suspend the rules to allow the meeting to
extend past 11:15 or to adjourn.
5:06:09 Motion and vote to suspend the rules to 11:30.
It was moved by Cr. Becker, seconded by Cr. Andrus to suspend the rules to 11:30.
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Those voting Aye being Crs. Becker, Andrus, Mehl.
Those voting No being Cr. Taylor and Mayor Krauss.
The motion passed 3-2.
5:06:42 Motion to reject the CIP list and CIP funded and timely request for Fowler
Avenue.
It was moved by Cr. Mehl, seconded by Cr. Taylor to reject the CIP list and CIP funded
and timely request for Fowler Avenue.
5:06:55 Discussion on the motion.
5:07:51 Motion to suspend criteria 5 for fowler signal intersection and Fowler sewer line.
5:08:01 Mayor Krauss
Mayor Krauss said we have two motions on the floor (actually have three).
5:08:25 Discussion on the motions.
5:12:06 Mayor Krauss
Mayor Krauss asked for a vote on the first motion that was made and asked for a repeat of that
motion.
5:12:38 Aimee Kissel, Deputy City Clerk
Ms. Kissel attempted to read back the motions on the floor, but they were further clarified before
the vote by Mayor Krauss and Cr. Mehl.
5:14:40 Mayor Krauss clarified the motion.
Mayor Krauss clarified the motion saying, the intent of the motion was to waive timeliness
for Fowler main signal, Fowler trunk sewer (waiving criteria 3, 4 and 5).
5:15:09 Cr. Mehl
Cr. Mehl clarified that criteria three and four are waived because they are capacity related and
not project related and criteria five is waived because it is in the public interest.
5:15:51 Discussion on the clarified motion.
5:16:29 Vote on the motion to waive timeliness for Fowler main signal, Fowler trunk sewer
(waiving criteria 3, 4 and 5).
Those voting Aye being Crs. Mehl, Taylor, Becker and Andrus.
Those voting No being Mayor Krauss.
The motion passed 4-1.
5:16:51 Motion to apply same motion (waiving criteria 3, 4 and 5) to the land for Fowler,
Garfield construction, Fowler construction and College, Main re-construction.
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It was moved by Cr. Becker to apply same motion (waiving criteria 3, 4 and 5) to the land
for Fowler, Garfield construction, Fowler construction and College, Main re-construction.
5:17:07 Motion died for lack of a second.
5:17:32 Motion that as to the Fowler and Main signal and the Fowler trunk sewer that staff
come back to us with a proposal for adding them to the CIP listing and to fund them.
It was moved by Cr. Taylor, seconded by Cr. Mehl that as to the Fowler and Main signal
and the Fowler trunk sewer that staff come back to us with a proposal for adding them to
the CIP listing and to fund them.
5:17:57 Vote on the motion that as to the Fowler and Main signal and the Fowler trunk
sewer that staff come back to us with a proposal for adding them to the CIP listing and to
fund them.
Those voting Aye being Crs. Taylor, Mehl, Becker, Andrus.
Those voting No being Mayor Krauss.
The motion passed 4-1.
5:18:21 H. Adjournment
Mayor Krauss adjourned the meeting at 11:19 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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