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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 6, 2014
To view the video and the minutes that are linked to the video please go to:
http://www.aveaptureall.com/Sessions.aspx#session.I cb8a3l5-82ed-41 cl-bb67-
084b32da3226
Mayor- Jeff Krauss: Present
Deputy Mayor - Carson Taylor: Present
Commissioner- Chris Mehl: Present
Commissioner- Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk
Stacy Ulmen.
Table of Contents '-f-a
A. Call to Order— 5 p.m. —Commission Room, City Hall, 121 North Rouse
B. Executive Session—Litigation Strategy
The Mayor may close to the public all or portions of this meeting pursuant to Sect. 2-3-
203(4)(a), MCA, if the Mayor finds the meeting involves a discussion of litigation
strategy and an open meeting would have a detrimental effect on the litigation position of
the City.
C. 06:00:08 PM Call to Order—6 p.m. —Commission Room, City Hall, 121 North
Rouse
Mayor Krauss called the meeting to order at 6:00 p.m.
D. 06:00:10 PM Pledge of Allegiance and a Moment of Silence
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Bozeman City Commission Minutes, October 6, 2014
E. 06:00:55 PM Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda. Mr. Kukulski stated that Action item 1 and 3 can be taken off of the agenda
because the delinquencies have been paid.
F. 06:01:45 PM Minutes — September 22, 2014 9-a
06:01:48 PM Motion and Vote to approve the minutes of September 22, 2014 as
submitted.
Deputy Mayor- Carson Taylor: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy ayor- Carson Taylor:
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
G. 06:02:06 PM Consent
1. Payment of Accounts Payable Claims (LaMeres) Kl�C=
2. Acquisition of Envisionware hardware, software, and services for PC and
Print Management, for Bozeman Public Library (Dissly) Kl�a
3. Community Transportation Enhancement Program (CTEP)Project
Specific Agreement with Montana Department of Transportation
(Johnson)E�'a
4. Laurel Park Condominiums Sewer and Water Pipeline and Access
Easements (Johnson) <=
5. Letter of Support for Friends of Hyalite Application for Secure Rural
Schools Act Funding for Hyalite Canyon Road Plowing for the Winter of
2014-2015 (Fontenot) a
6. Montana Municipal Interlocal Authority (MMIA) Board of Directors
Appointment (Kukulski) El�a
7. Professional Services Agreement with Treasure State, Inc. for Installation
of Sidewalks in Baxter Meadows Subdivision (Kerr) K�'a
8. Professional Services Agreement with Greenspace Landscaping, Inc. for
the Laurel Glen Landscape Project(Leoniak) K�'p
9. Professional Services Agreement with The Nest Collective, LLC for
Public Works Department Public Relations Services (Heaston) a
10. Professional Services Agreement with Project WET (Water Education_ for
Teachers) Foundation to develop and implement a pilot program that
provides training workshops to community educators on water topics so
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Bozeman City Commission Minutes, October 6, 2014
that those educators can reach children with objective, experiential,
science-based water education (Leoniak) a
11. Professional Services Agreement with M.E. Simpson Co., Inc to conduct a
Utility Water Loss Control Survey-Audit pursuant to the AWWA Manual
of Water Supply Practices M36 Third Edition(Leoniak) "I-a
12. Revisions to the Gallatin County Emergency Management Plan (Shrauger)
p
13. Southbridge Phase 3 Major Subdivision Final Plat, Application P14038
(Rogers) , a
14. Resolution 4555, Hyalite-Sourdough Water Treatment Plant Replacement
Project, Change Order 9 (Murray) 11-a
15. Resolution 4559, Transfer of Property and Hold Harmless and
Indemnification Agreement between Marek Ziegler and City of Bozeman
for transfer of Taco the Retired K-9 (McLane) Ci_a
16. Resolution 4564, Confirming the Appointment of Police Officers in
Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113
(Price) "`a
06:08:59 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:09:19 PM Motion and Vote to approve Consent Items G. 1-16 as submitted.
Commissioner- I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
H. 06:09:50 PM Public Comment
Mayor Krauss opened public comment.
26 people spoke regarding Action item No. 5, Homeland Security Grant Program
purchase of Bearcat Armored Response and Rescue Vehicle.
07:13:03 PM Public Comment Closed
Mayor Krauss closed public comment.
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Bozeman City Commission Minutes, October 6, 2014
I. 07:13:03 PM Action Items
,1 L.lJJ{.JJ//Ln,�{ f delinquent garbage1,
J1J{,.�suG
2. 07:13:04 PM Resolution 4561, Delinquent Water and Sewer Charges
(Rosenberry)
07:13:15 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation regarding
Resolution 4561, Delinquent Water and Sewer Charges.
07:14:33 PM Commission Questions for Staff
None.
07:14:30 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
07:14:40 PM Motion and Vote to approve Resolution 4561,striking the Fuddruckers
account, levying and assessing a special assessment for delinquent water and sewer
charges.
Deputy Mayor- Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. Reselutien Ne. 4 5 62, Delinq�uent Weed Mewing Charges (R-eseabefFy)
4. 07:15:30 PM-Resolution 4563, Delinquent Snow Removal Charges
(Rosenberry)
07:15:33 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation for
Resolution 4563, Delinquent Snow Removal Charges.
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Bozeman City Commission Minutes, October 6, 2014
07:16:25 PM Commission questions for Staff
The Commission and Staff discussed tracking repeat offenders.
07:17:05 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
07:17:10 PM Motion and Vote to approve Resolution 4563, levying and assessing a
Special Assessment for delinquent snow removal charges.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor- Carson Taylor: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
5. 07:17:35 PM Homeland Security Grant Program purchase of Bearcat
Armored Response and Rescue Vehicle (Price)
07:18:15 PM Staff Presentation
City Manager Chris Kukulski gave the staff presentation for the Homeland Security
Grant Program purchase of Bearcat Armored Response and Rescue Vehicle. He spoke
regarding his time working for the City over the last 10 years and that this was not a
deliberate act by not having the grant approved by the Commission. He spoke regarding
Administrative routing changes. Chief Price spoke regarding the use of the Bearcat.
07:45:50 PM Commission Questions for Staff
The Commission and staff discussed the need for officers to be equipped with the
Bearcat, training, other options for assistance if the Bearcat is returned, frequency of use
of other communities in Montana that have a Bearcat, how the vehicle will be used,
current police cars not being bullet proof, the Bearcat protection from gunfire, the fact
that militarization is not about equipment it is how you deal with people from day to day,
where the vehicle was stored upon reception, the proposed grant routing form, civil
disturbances, the grant application process and the lack of having elected official
involvement, storage needs for the vehicle and proper agenda placement of items of this
nature.
08:29:25 PM Break
Mayor Krauss called the meeting back to order at 8:29 p.m.
08:45:56 PM Called back to order
Mayor Krauss called the meeting back to order.
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Bozeman City Commission Minutes, October 6, 2014
08:47:12 PM Public Comment
Mayor Krauss opened public comment.
20 people spoke regarding this item.
09:40:55 PM Public Comment closed.
Mayor Krauss closed public comment.
09:41:19 PM Motion to Ratify the City Manager's signature on the initial Grant
Application, Award Commitment Letter and Purchase Agreement for the Bearcat
Armored Response and Rescue Vehicle with the following requirements:
1. That next year (a year from now) at an appropriate meeting with the City
Commission, as a discussion item the matter come forward in front of the Commission,
for a report from the Chief as to how the vehicle has been used and or not used,
including the discussion of costs of maintaining it and anything else pertinent to it.
2. That it not be re-equipped without prior notification and approval anything without
approval of the City Commission, re-equipped meaning adding options to it or anything
other than what it is.
3. That the Commission be informed of changes in protocol (before they are made)
and/or breaches in protocol during the course of the year as soon as they happen.
Deputy Mayor- Carson Taylor: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:43:02 PM Commission Discussion on the Motion
Deputy Mayor Taylor stated that he is not happy that a year after the application was
made, it is being discussed. He has done a lot of reading about police militarization, and
in this situation, there is a process issue and a personnel issue. This will in certain
circumstances make Police feel safe. This is not the only tool that our Police have and
will not be the only one used. It (the Bearcat)has no weaponry attached. This vehicle will
carry people to a safe place, and he trusts the Chief of Police and Fire Chief and believes
that this tool will be used properly. The acquisition of this vehicle will make our Police
safer. He sees no reason to send it back.
09:55:11 PM Cr. Mehl apologized to the Community. He stated that Bozeman is not the
Community it once was. He spoke regarding the recent Kalispell use and then the
Missoula use of the Bearcat. He has researched the FBI reports which state that active
shooters have doubled. How to learn from this, we are lucky to have our current Chief of
Police and we will now have more careful discussions. He is leaning towards keeping it.
Policing is not simple. There is a need to use proportion and self restraint. Perfection is
impossible.
09:58:37 PM Suspended the Rules to 11 p.m.
Mayor Krauss suspended the rules until11 p.m.
10:10:09 PM Cr. Andrus stated that she looked at the vehicle on Saturday. Procedurally
it was a mess, and there was carelessness, communication issues and lack of follow-
through. She feels that by making sweeping statements (as written in the grant
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Bozeman City Commission Minutes, October 6, 2014
application) was wrong. There are now administrative changes and procedural changes
which will be addressed. Bozeman is not Ferguson but it is not Mayberry either. Cops are
trained to be Officer friendly. She feels that we should keep it.
10:16:45 PM Cr. Pomeroy stated that our Police Officers work very hard and because of
them we live in this safe committee. Police Officers show their kindness and their other
duty is to rescue people. She agrees with Mehl and Andrus. She will vote not to return
this vehicle. The City Manager stated that he is taking responsibility, he makes mistakes,
we have a hard working City manager.
10:20:00 PM Mayor Krauss apologized and stated that there are a few areas that he
could have found notification about the Bearcat. He spoke regarding his primary
responsibility as an elected official; his vote tonight does not change his support of the
Rouse Justice Center and he urged the public to disconnect the two issues. He spoke
regarding the Capital Improvement Plan. This is not just an error in paperwork. It is his
obligation is to protect represented government. He is concerned about militarization.
The Rule of Law is how the public watches over us.
10:41:24 PM Vote on the Motion to Ratify the City Manager's signature on the initial
Grant Application, Award Commitment Letter and Purchase Agreement for the
Bearcat Armored Response and Rescue Vehicle with the following requirements:
1. That next year (a year from now) at an appropriate meeting with the City
Commission, as a discussion item the matter come forward in front of the Commission,
for a report from the Chief as to how the vehicle has been used and or not used,
including the discussion of maintaining it and anything else pertinent to it.
2. That it not be re-equipped without prior notification and approval anything without
approval of the City Commission, re-equipped meaning adding options to it or anything
other than what it is.
3. That the Commission be informed of changes in protocol (before they are made)
and/or breaches in protocol during the course of the year as soon as they happen.
Deputy Mayor- Carson Taylor: Motion
Commissioner - I-Ho Pomeroy
Mayor - Jeff Krauss: Disapprove
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
10:41:47 PM Motion to codify the three steps that the City Manager sent to the Mayor
and Commission for the meeting date on October 6"' which is captured on 273 on the
Packet:
The City Commission and City Manager will be notified in writing of any grant
applications that exceed $20,000 in value, Commission approval will occur prior to
accepting grants that exceed$20,000 in value and implementation of a grant document
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Bozeman City Commission Minutes, October 6, 2014
routing system which will provide each individual reviewing the document verification
of who has already authorized the documentfor signature.
Commissioner - Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
10:43:23 PM Vote on the Motion to codify the three steps that the City Manager sent to
the Mayor and Commission for the meeting date on October 6'1' which is captured on
273 on the Packet:
The City Commission and City Manager will be notified in writing of any grant
applications that exceed $20,000 in value, Commission approval will occur prior to
accepting grants that exceed$20,000 in value and implementation of a grant document
routing system which will provide each individual reviewing the document verification
of who has already authorized the document for signature.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor- Carson Ta. 1�Approve
Commissioner - Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
10:43:44 PM Break
Mayor Krauss called the meeting back to order.
10:52:00 PM Meeting called back to Order
Mayor Krauss called the meeting back to order at 10:52 p.m.
10:52:11 PM Rules suspended.
Mayor Krauss suspended the meeting to Midnight.
6. 10:52:20 PM Provisional Adoption of Ordinance 1898, Fellowship Baptist
Church Zone Map Amendment from R-3 (Residential Medium Density
District) to R-4 (Residential High Density District) at 1480 North 27th
Avenue, Application Z14201 (Davis)
10:52:21 PM Staff Presentation.
Staff Planner Heather Davis gave the Staff presentation for the Provisional Adoption of
Ordinance 1898, Fellowship Baptist Church Zone Map Amendment from R-3
(Residential Medium Density District) to R-4 (Residential High Density District) at 1480
North 27th Avenue, Application Z14201.
10:57:20 PM Commission Questions for Staff
The Staff and Commission discussed the staff report, the vacant R-4 areas and spot
zoning.
Page 8of12
Bozeman City Commission Minutes, October 6, 2014
11:01:36 PM Applicant Representative
The Applicant Representative gave the presentation for Provisional Adoption of
Ordinance 1898, Fellowship Baptist Church Zone Map Amendment from R-3
(Residential Medium Density District) to R-4 (Residential High Density District) at 1480
North 27th Avenue, Application Z14201.
11:02:39 PM Public Comment
Mayor Krauss opened public comment.
No person Commented.
Mayor Krauss closed public comment.
11:02:48 PM Motion that having reviewed and considered the ordinance, application,
public comment and recommendation of the Zoning Commission and all the
information presented, I hereby adopt the findings presented in the staff report for
application Z14201 and move to provisionally adopt Ordinance 1898, amending the
zone map for the Fellowship Baptist Church.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
11:03:33 PM Commission discussion on the Motion
11:04:23 PM Vote on the Motion that having reviewed and considered the ordinance,
application, public comment and recommendation of the Zoning Commission and all
the information presented, I hereby adopt the findings presented in the staff report for
application Z14201 and move to provisionally adopt Ordinance 1898, amending the
zone map for the Fellowship Baptist Church.
Commissioner - I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
7. 11:04:41 PM Conditional Use Permit application to allow residential uses
on the ground floor of 2448 Gallatin Green Boulevard,Application
Z14162 (Quasi-Judicial) (Davis)
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Bozeman City Commission Minutes, October 6, 2014
11:05:21 PM Staff Presentation
Staff Planner Heather Davis gave the Staff presentation for the Conditional Use Permit
application to allow residential uses on the ground floor of 2448 Gallatin Green
Boulevard, Application Z14162.
11:08:38 PM Commission Questions for Staff
The Commission and staff discussed REMU zoning and commercial to residential ratios.
11:13:28 PM Applicant Presentation
The Applicant representative agrees to the Conditions and gave the presentation for the
Conditional Use Permit application to allow residential uses on the ground floor of 2448
Gallatin Green Boulevard, Application Z14162.
11:13:57 PM Public Comment.
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
11:14:04 PM Motion that having reviewed and considered the application materials,
public comment, and all of the information presented, I hereby adopt the findings
presented in the staff reportfor application Z14162 and move to approve the
conditional use permit with conditions and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
11:14:27 PM Commission Discussion
11:15:29 PM Vote on the Motion that having reviewed and considered the application
materials,public comment, and all of the information presented,I hereby adopt the
findings presented in the staff report for application Z14162 and move to approve the
conditional use permit with conditions and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
8. 11:15:58 PM The Cannery District Concept Planned Unit Development
for a multi-phase commercial development located on 12.24 acres
northwest of the intersection of East Oak Street and North Rouse Avenue,
Application Z14075 (Quasi-Judicial) (Krueger)
Page 10 of 12
Bozeman City Commission Minutes, October 6, 2014
11:16:15 PM Staff Presentation
Staff Planner Brian Krueger gave the presentation for The Cannery District Concept
Planned Unit Development for a multi-phase commercial development located on 12.24
acres northwest of the intersection of East Oak Street and North Rouse Avenue,
Application Z 14075.
11:29:47 PM Commission Questions for Staff.
The Commission and staff discussed the Fire district,the creation of an Annexation
district, phasing and impact fees.
11:37:45 PM Applicant Presentation
The Applicant Representative gave the presentation for the Cannery District Concept
Planned Unit Development for a multi-phase commercial development located on 12.24
acres northwest of the intersection of East Oak Street and North Rouse Avenue,
Application Z14075.
11:42:21 PM Public Comment.
Mayor Krauss opened public comment.
11:42:37 PM Christopher Nixson, Public Comment
Mr. Nixson spoke in support of the application.
Mayor Krauss closed public comment.
11:43:36 PM Commission Comments
Cr. Mehl stated that that the project does look nice and that the Design Review Board
was generally supportive. He urged the developer to get as close to Oak as possible. One
parking lot seems pretty long. In building all of the buildings planned, there may not be
enough parking spaces? The Applicant stated that parking demands and land use will be
continually evolving. Cr. Mehl spoke regarding timing and the City Attorney explained
the time frame.
Cr. Andrus spoke regarding the annexation district creation being used as a tool of
getting us where we need to be. She stated that connectivity seems difficult.
Deputy Mayor Taylor stated go for it in vacating the street.
Mayor Krauss thanked the staff. It is historic development. It is one of the best
developments that he has seen since he's been here.
J. 11:53:56 PM FYI/Discussion
None.
K. 11:55:12 PM Adjournment
Mayor Krauss Adjourned the meeting at 11:55 p.m.
Page 11 of 12
Bozeman City Commission Minutes, October 6,20I4
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