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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 16,2012
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
April 16, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss (leaving early),
Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City
Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna
Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen.
*These minutes are not word for word and should be considered along with the audio recording,
A. Call to Order—5:15 p.m.—Commission Room, City Hall, 121 North Rouse
B. Executive Session - Litigation Strategy
The Mayor closed this meeting pursuant to Sect. 2-3-203(4)(a), MCA, finding that the meeting
involves a discussion of litigation strategy and an open meeting would have a detrimental effect
on the litigation position of the City.
0:00:02 C. Call to Order--regular meeting—6 p.m.
Mayor Becker called the meeting order at 6 p.m.
0:00:05 D. Pledge of Allegiance and a Moment of Silence
0:00:52 Mayor Becker
Mayor Becker noted that Deputy Mayor Krauss needed to step out of the meeting but should be
returning.
0:00:54 E. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated that Consent Item H. 2.Authorize City Manager to sign Montana Department of
Transportation and City of Bozeman Signal Agreement for a five year period beginning May 1,
2012 will need to be removed from the Agenda as some changes have occurred. This item will
be brought back on the next agenda,
0:01:20 F. Public Service Announcement Gallatin Earth Celebration and Bozeman
Clean Up Day on Saturday,April 21st (Fontenot)
Brit Fontenot. Economic Development Director gave a PSA regarding the upcoming Bozeman
Clean up day.
Page 1 of 8
Minutes of the Bozeman City Commission Meeting,April 16,2012
0:02:07 G. Minutes —March 19, 2012
0:02:16 Motion and Vote to approve the Minutes from March 19th.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the Minutes from March
19th.
Those voting Aye being Crs. Mehl, Taylor, An_drus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:02:23 H. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Autherize City NqanageF to sign Montana DepaFtrnent ef TFanspsFtatian and City a
Be;er aR SigRal Agre Pem e.+fvr a five yeai pr.er.riBd 3 @gnlnS Ma��, �9���(A rkE„l4
Removed from agenda.
3. Finally Adopt Ordinance No. 1824,authorizing City Manager to sign an Agreement to
Buy and Sell with Northwestern Corporation, d/b/a Northwestern Energy,for the sale
and conveyance of a 0.05 acre portion of the City of Bozeman Lower Yards property at
1812 North Rouse Avenue (Hesston)
4. Finally Adopt Ordinance No. 1825, implementing prior Commission action on Zone Map
Amendment Z-05069 to establish a municipal zoning designation of R-2 with annexation
of the property on 0.7513 acres known as the Shining Mountains Evangelical Lutheran
Church (Skelton)
5. Finally Adopt Ordinance No. 1826,authorizing City Manager to enter into a 2-year
ground lease with Bill Tatarka for the lease of the Mandeville Farm property for the
purpose of farming (Arkell)
6. Authorize City Manager to sign Professional Services Agreement with Sanborn for the
2012 Aerial Photography Project (Henderson)
0:02:29 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:02:44 Motion and Vote to approve Consent Item 1, and 3, 4, 5 and 6.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Consent Item 1, and 3, 4,5
and 6.
Those voting Ave being Crs. Taylor,Andrus, Mehl and Mayor Becker.
Those voting No being none;
The motion passed 4-0.
0,03:011. Public Comment
Mayor Becker opened public comment.
11 people spoke regarding fluoride.
Page 2 of 8
Minutes of the Bozeman City Commission Meeting,April 16,2012
0:27:05 Public Comment closed
Mayor Becker closed public comment.
0:27:12 J. Special Presentation—Coal Export: What will it mean for Bozeman? (Beth
Kaeding, Northern Plains Resource Council)
Ms. Kaeding gave a Special Presentations regarding Coal Export and what it will mean for the
City of Bozeman.
0:50:52 Public Comment on special presentation
Mayor Becker opened public comment on the special presentation.
0:51:17 Blake Maxwell,Public Comment
Mr. Maxwell of 516 West Lamme Street spoke regarding the increase in train traffic. He spoke
regarding coal export.
0:55:40 Public Comment Closed
Mayor Becker closed public comment.
0:55:48 K. Action Items
0:56:03 1. Resolution No. 4374, Relating to Special Improvement District No. 713;
Creating the District for the Purpose of Undertaking Certain Local Improvements in and
about South 8th Avenue and Financing the Costs thereof and Incidental Thereto Through
a Loan to the District from the City's Special Improvement Revolving Fund (ArkeIl)
0:56:33 Debbie Arkell, Director of Public Services
Ms. Arkell gave the staff presentation regarding Resolution No. 4374, Relating to Special
Improvement District No. 713; creating the District for the Purpose of Undertaking Certain Local
Improvements in and about South 8th Avenue and Financing the Costs thereof and Incidental
Thereto Through a Loan to the District from the City's Special Improvement Revolving Fund.
0:58:57 Commission Questions for Staff
The Commission and staff discussed why the current estimate is 28% lower than the prior
estimate and the costs that were communicated with the public.
1:06.09 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:06:16 Motion to approve Commission Resolution 4374, Creating Special Improvements
District 713 for the purpose of financing the identified improvements associated with the
reconstruction of South 8th Avenue.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Commission Resolution
4374, Creating Special Improvements District 713 for the purpose of financing the
identified improvements associated with the reconstruction of South 8th Avenue.
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Minutes of the Bozeman City Commission Meeting,April 16,2012
1:06:41 Commission Discussion
The Commission discussed creation of the SID and the financing method, the repair of 8th street,
deferred maintenance and the staffs involvement of educating the public.
1:09:53 Vote on the Motion to approve Commission Resolution 4374, Creating Special
Improvements District 713 for the purpose of financing the identified improvements
associated with the reconstruction of South 8th Avenue.
Those voting Aye being Crs. Andrus,Mehl, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:10:24 2. Notice of Award to Knife River in the amount of$1,387,782.25 for the South
8th Avenue Reconstruction project located between Main Street and Harrison Street
(Murray)
1:10:34 Bob Murray, Project Engineer
Mr. Murray gave the staff presentation regarding the Notice of Award to Knife River in the
amount of$1,387,782.25 for the South 8th Avenue Reconstruction project located between Main
Street and Harrison Street.
1:11:12 Commission Questions
The Commission and Staff discussed engineering estimates, comparing to previous SID projects
and traffic control.
1:15:40 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:15:50 Motion to authorize the City Manager to sign a notice of award with Knife River
for the South 8th Avenue reconstruction project.
It was moved by Cr. Mehl, seconded by Cr. Taylor to authorize the City Manager to sign a
notice of award with Knife River for the South 8th Avenue reconstruction project.
1:16:04 Discussion on the Motion
1:16:20 Vote on the Motion to authorize the City Manager to sign a notice of award with
Knife River for the South 8th Avenue reconstruction project.
Those voting Ave being Crs. Mehl, Taylor, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
Page 4 of 8
Minutes of the Bozeman City Commission Meeting,April 16,2012
1:16:56 3. South University District Master Plan with Zoning Variance Application No.
Z-12032, located generally south of West Kagy Boulevard between South 11th and 19th
Avenues (Quasi-Judicial) (Krueger)
1:17.35 Brian Krueger, Associate Planner
Mr. Krueger gave the staff presentation regarding the South University District Master Plan with
Zoning Variance Application No. Z-12032, located generally south of West Kagy Boulevard
between South 11th and 19th Avenues. Staff is recommending approval with the conditions
listed in the staff report.
1:29:07 Commission Questions for staff
The staff and Commission spoke regarding the road frontage rules for parks, build out of streets,
the timeframes of phases, design guidelines, the amount of proposed residences and sidewalks.
1:37:27 Applicant Presentation
Bob Lee with Morrison Mariele Engineering gave the applicant presentation including the master
plan and the benefits of the REMU zoning district.
1:44:17 Commission Questions for Applicant
The Applicant and the Commission discussed the application, the phasing of the park, the
pedestrian and bicycle trail and getting across the flood plain area.
1:49:27 Public Comment
Mayor Becker opened public comment.
1:49:40 Brady Weisman,Public Comment
Mr. Weisman of 3247 Garden Brook Lane disclosed the Cr. Andrus is his wife. He spoke
regarding the trail system.
1:52:54 Public Comment closed
Mayor Becker closed public comment.
1:53:14 Cordell Pool, Applicant Representative
Mr. Pool from Stahly Engineering spoke regarding the public easement.
1:54:03 Questions for Applicant
The Commission and Applicant discussed the preliminary site work and the trail system.
1:55:34 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application #Z-12032 and move to approve the master site plan and requested zoning
variance to Section 38.27.060.A with conditions and subject to all applicable code
provisions.
It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed application
materials, considered public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application #Z-12032 and move to approve the
master site plan and requested zoning variance to Section 38.27.060.A with conditions and
subject to all applicable code provisions.
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Minutes of the Bozeman City Commission Meeting,April 16,2012
1:56:15 Commission discussion on the Motion
The Commission discussed the trail, meeting the needs of the community along with the amount
of time taken on the REMU zoning designation creation.
1:58:28 Vote on the Motion that having reviewed application materials, considered public
comment, and all information presented,I hereby adopt the findings presented in the staff
report for application #Z-12032 and move to approve the master site plan and requested
zoning variance to Section 38.27.060.A with conditions and subject to all applicable code
provisions
Those votin_Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker.
Those votinz No being none.
The motion uassed 4-0.
1:58:48 4. South University District First Phase Site Plan Application No. Z-12033,
located generally south of West Kagy Boulevard, between South 11th and future South
14th Avenues (Quasi-Judicial) (Krueger)
1:59:21 Brian Krueger, Associate Planner
Mr. Krueger gave the staff presentation regarding the South University District First Phase Site
Plan Application No. Z-12033, located generally south of West Kagy Boulevard, between South
1 Ith and future South 14th Avenues.
2:08:05 Questions for Staff
No questions were presented.
2:08:52 Henry Morton and David Hensly, Applicant representatives
Mr. Morton and Mr. Hensly of Campus Suites gave the applicant presentation by speaking about
the uses and phases of the project, the architecture of the project along with the concept plan and
landscaping.
2:17.10 Public Comment
Mayor Becker opened public comment.
2:17:18 Brian Chisdak,Public Comment
Mr. Chisdak stated that he is a business owner in the area. His concern is the building height
proposed in conjunction with his property and the value of neighboring properties.
2:19:14 Public Comment closed.
Mayor Becker closed public continent.
2:19:28 Applicant response
The applicant spoke regarding the location of 12th street, vehicle traffic management and the
height of the proposed buildings.
2:24:46 Motion that having reviewed the application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff
report for application#Z-12033 and move to approve the site plan with conditions and
subject to all applicable code provisions.
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Minutes of the Bozeman City Commission Meeting,April 16,2012
It was moved by Cr. Andrus, seconded by Cr. Mehl that having reviewed the application
materials considered public comment and all information presented, I hereby adopt the
findings presented in the staff report for application#Z-12033 and move to approve the site
plan with conditions and subject to all applicable code provisions.
2;25:20 Commission discussion on the Motion
The Commission discussed the changes in the master plan since the informal discussion,the park
and road development, the location and height of the buildings, density and mixed use, the
pedestrian movements and the style of living.
2;33:41 Vote on the Motion that having reviewed the application materials, considered
public comment, and all information presented, I hereby adopt the findings presented in
the staff report for application #Z-12033 and move to approve the site plan with conditions
and subject to all applicable code provisions.
Those voting Ave being Crs. Andrus, Mehl,Taylor and Mayor Becker.
Those votine No being none.
The motion passed 4-0.
2:33:59 Motion and Vote to excuse the absence of Deputy Mayor Krauss.
It was moved by Cr. Mehl, seconded by Cr. Taylor to excuse the absence of Deputy Mayor
Krauss.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker.
Those voting No beine none.
The motion passed 4-0.
2:34:14 L. FYI/Discussion
1. Wedding prior to next week's Commission meeting
Mayor Becker will be officiating a wedding prior to next week's Commission Meeting.
2. Update for the Request for Qualifications for the Carnagie parking lot.
Brit Fontenot, Economic Development Director updated the Commission on the RFQ's for the
Carnagie Parking Lot.
3. Exception granted for Traffic on Kagy and 7th
Ms. Arkell stated that with the South University project, she has granted an exception for traffic
on Kagy and 7th. She spoke regarding how traffic will be monitored.
2:37:13 M. Adjournment
Mayor Becker adjourned the meeting at 9:17 p.m.
Sean A Be er, Mayor
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Minutes of the Bozeman City Commission Meeting,April 16,2012
ATTEST: 0 O a '
S c y, n, CMC, City Clerk
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St cy lme , CMC, City Clerk
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