HomeMy WebLinkAbout2. Minutes
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 8, 2014
Mayor - Jeff Krauss: Present *arriving late
Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk
Stacy Ulmen. A. 05:00:25 PM Call to Order – 5 p.m.– Commission Room, City Hall, 121 North
Rouse
Mayor Pro-tem Taylor called the meeting to order at 5 p.m.
B. 05:00:30 PM Pledge of Allegiance and a Moment of Silence
C. 05:01:16 PM Changes to the Agenda
Mayor Pro-tem Taylor asked City Manager Chris Kukulski if there were any changes to
the agenda. Mr. Kukulski stated that he understands that the Commission would like to re-organize the agenda by putting the board appointments first on the Action item list.
D. 05:01:48 PM Authorize Absence of Cr. Andrus
05:01:51 PM Motion and Vote to authorize the absence of Cr. Andrus. Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve
E. 05:02:10 PM Minutes – December 1, 2014 and October 6, 2014 Executive Session
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December 8, 2014 Bozeman City Commission Minutes
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05:02:12 PM Motion and Vote to approve the minutes from December 1, 2014 and the
October 6, 2014 Executive Session as submitted.
Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve F. 05:02:45 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Community Transportation Enhancement Program (CTEP) Capital
Improvement Plan (CIP) for Fiscal Years 2016-2020 (Rosenberry)
3. Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years
2016-2020 (Rosenberry)
4. Street Maintenance Capital Improvement Plan (CIP) for Fiscal Years
2016-2020 (Rosenberry) 5. Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal
Years 2016-2020 (Rosenberry)
6. Water Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years
2016-2020 (Rosenberry) 7. Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-
2020 (Rosenberry)
8. Resolution 4553, Amending the Future Land Use Map Figure 3-1 of the Bozeman Community Plan, on 3.002 acres located at 856 Loxley Drive,
Laurel Glen Lot 1, Block 9 Growth Policy Amendment, Application
P14016 (Saunders)
9. Provisional Adoption of Ordinance 1897,Amending the Bozeman Zoning Map at 856 Loxley Drive from B-1 (Neighborhood Business) to R-2
(Residential Two-Household Medium Density) on 3.002 acres at Lot 1,
Block 9, Laurel Glen Subdivision Phase 1, Application Z14071
(Saunders) 10. Ellis View Estates Major Subdivision Final Plat, Application P14046
(Rogers)
11. Professional Services Agreement with Design Nine, Inc. for Specialized
Fiber Optic Engineering Services, not to exceed $5,000, for a Planned and Budgeted (Fiscal Year 2015) Conduit, Vault, and Fiber Project to Connect
City facilities along North Montana Street (McMahan/Fine)
12. 2007 Water Reclamation Facility Upgrade Phase I Expansion Project,
Amendment No. 4 (Murray)
13. 2015 Beer, Wine and Liquor License Renewals (Goodwin)
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05:04:59 PM Public Comment
Mayor Pro-tem Taylor opened public comment on the consent agenda.
05:05:24 PM Tom Keck, Public Comment
Mr. Keck thanked the City Commission for their continued support of finishing the trail
system along 19th. He spoke regarding a fundraising event where matching funds were
raised to assist with a CTEP grant. He spoke regarding safety concerns on 19th.
05:07:40 PM Public Comment closed
Mayor Pro-tem Taylor closed public comment.
05:07:45 PM Motion and Vote to approve Consent Items F. 1-13 as submitted.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve G. 05:08:06 PM Public Comment
Mayor Pro-tem Taylor opened general public comment. No person commented.
Mayor Pro-tem Taylor closed public comment.
H. 05:09:13 PM Action Items
The Commission re-arranged the Agenda and acted upon Items 8 and 9 first.
1. 05:10:27 PM Storm Water Fund Capital Improvement Plan (CIP) for
Fiscal Years 2016-2020 (Rosenberry)
05:11:03 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the staff presentation for the
Storm Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020.
05:15:00 PM Commission questions for Staff
The Commission and Staff discussed implementation times, the amount used for capital,
shares, revenue sources, the financial summary as included in the packet materials, and how CIP items are chosen and placed on the schedule.
05:22:36 PM Public Comment
Mayor Pro-tem Taylor opened public comment.
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No person commented.
Mayor Pro-tem Taylor closed public comment.
05:23:08 PM Motion to adopt the Storm Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
05:23:28 PM Commission discussion
Cr. Pomeroy stated that we failed to take care of storm water in the past so we need to
take care of this.
Cr. Mehl stated that he supports this item. Mayor Pro-tem Taylor stated that it is nice to see this project move forward.
05:24:36 PM Vote to adopt the Storm Water Fund Capital Improvement Plan (CIP) for
Fiscal Years 2016-2020.
Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 2. 05:24:48 PM Street and Curb Reconstruction Capital Improvement Plan
(CIP) for Fiscal Years 2016-2020 (Rosenberry)
05:25:09 PM Staff Presentation
Ms. Rosenberry gave the staff presentation for the Street and Curb Reconstruction
Capital Improvement Plan (CIP) for Fiscal Years 2016-2020.
05:27:18 PM Commission questions for Staff
The Commission and Staff discussed the estimated annual increase amount, special
improvement district timing, ADA ramps, construction inflation and the estimated
amount of ramps could construct for $60,000.
05:33:37 PM Public Comment
Mayor Pro-tem Taylor opened public comment.
No person commented.
Mayor Pro-tem Taylor closed public comment. 05:33:49 PM Motion to adopt the Street and Curb Reconstruction Capital Improvement
Plan (CIP) for Fiscal Years 2016-2020.
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Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
05:34:04 PM Commission Discussion Cr. Mehl stated that he understands the need and supports this item. Cr. Pomeroy stated she supports this item.
05:34:29 PM Vote on the Motion to adopt the Street and Curb Reconstruction Capital
Improvement Plan (CIP) for Fiscal Years 2016-2020. Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve 3. 05:34:47 PM Water Fund Capital Improvement Plan (CIP) for Fiscal
Years 2016-2020 (Rosenberry)
05:34:56 PM Staff Presentation
Ms. Rosenberry gave the staff presentation for the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020.
05:38:20 PM Commission questions for Staff
The Commission and Staff discussed reserve amounts, the watering budgeting tool timing
occurrence, the capture of water out of Lyman Creek, the IWRP, possibly moving the water tank in the area, aerial photography timing occurrence, cash dedicated, funding
deficits, the loan match year, the $60 million unscheduled item for pipe replacement,
hydro-turbine for the storage tank purpose, the amount of vehicles, where we are at in
looking at energy saving, hybrid vehicles, light duty fleets, the mileage on the 2008
locate truck and the need to replace the vehicle, and the mileage on the 2003 dump truck and the need to replace at least every 10 years.
05:55:22 PM Public Comment
Mayor Pro-tem Taylor opened public comment.
No person commented. Mayor Pro-tem Taylor closed public comment.
05:55:38 PM Motion to adopt the Water Fund Capital Improvement Plan (CIP) for
Fiscal Years 2016-2020.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
05:56:02 PM Commission discussion
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05:56:40 PM Amendment to the Main Motion to move the Water Budget tool from
Fiscal Year 2020 to Fiscal Year 2016.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd 05:56:54 PM Discussion on the Amendment Deputy Mayor Taylor stated that he supports the amendment and appreciates the water conservation specialist is moving forward. 05:57:11 PM Vote on Amendment to the Main Motion to move the Water Budget tool
from Fiscal Year 2020 to Fiscal Year 2016.
Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 05:57:19 PM Vote on Main Motion as Amended to adopt the Water Fund Capital
Improvement Plan (CIP) for Fiscal Years 2016-2020. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve 4. 05:57:46 PM Street Impact Fee Fund Capital Improvement Plan (CIP) for
Fiscal Years 2016-2020 (Rosenberry)
05:57:58 PM Staff Presentation Ms. Rosenberry gave the staff presentation for the Street Impact Fee Fund Capital
Improvement Plan (CIP) for Fiscal Years 2016-2020.
06:02:53 PM Commission Questions for Staff
The Commission and Staff discussed the use of impact fees, capacity expansion, the list of unscheduled items, Highland improvements and intersection improvements.
06:09:09 PM Public Comment
Mayor Pro-tem Taylor opened public comment.
06:09:17 PM Greg Stratton, Public Comment
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Mr. Stratton that he is also the applicant for the Lakes item later on the agenda and would
like the Durston road improvements to be moved up on the CIP. He has a plan and would
like it to be considered for Impact fees.
06:12:58 PM Daniel Howdan, Public Comment
Mr. Howdan spoke regarding Item 40, the intersection of Main and Broadway. He is
wondering why this is still listed as it is already completed. He wondered when the last
traffic study had been done for Kagy.
06:13:53 PM Public Comment closed
Mayor Pro-tem Taylor closed public comment.
06:14:03 PM Staff follow-up on public comment.
Ms. Rosenberry stated that a substantial amount of Main and Broadway has been completed with contributions from a developer and they would like to get the item on the CIP so that we can give the impact fee credit to the Developer. City Engineer Rick
Hixson stated that as far as the Kagy project, the preliminary design will include traffic
counts etc. and at that time we will look at the lane configuration. As far as Durston and
the applicant’s request of moving it to Fiscal Year 2016, there is a question of how to pay for the local share of the section by Bronken Park as the City does not have it. We could move it up and work with developer to come up with a resolution of how to pay for that
share.
06:24:06 PM Motion to adopt the Street Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020 with the inclusion of the changes as suggested by Greg Stratton (moving Durston road improvements between Cottonwood and the west boundary of the City limits to Fiscal Year 2016) and noting that we are relying on the
Staff to get back to the Commission with any change to Broadway.
Cr. Pro Tem Mayor - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:25:08 PM Discussion on the Motion
Mayor Krauss spoke regarding taking advantage of situations to work with a developer,
as far as engineering Kagy, other engineering to other streets will need to take place
therefore it is premature to say there will be a three way road there.
06:27:14 PM Vote on the Motion to adopt the Street Impact Fee Fund Capital
Improvement Plan (CIP) for Fiscal Years 2016-2020 with the inclusion of the changes
as suggested by Greg Stratton (moving Durston road improvements between
Cottonwood and the west boundary of the City limits to Fiscal Year 2016) and noting that we are relying on the Staff to get back to the Commission with any change to Broadway.
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Cr. Pro Tem Mayor - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve 06:27:46 PM Break Mayor Krauss called for a break.
06:41:05 PM Meeting called back to order.
Mayor Krauss called the meeting back to order, 5. 06:41:28 PM The Mendenhall Mixed Use Building Preliminary Site Plan and Certificate of Appropriateness with Zoning Variance Application to
allow the Demolition of an Existing One-story Bank Building and the
Construction of a Five Story Mixed Use Building with Three Floors of
Commercial Space and 29 Residential Units on the Top Two Floors with Related Common Spaces, Underground Parking Structure, and Site Improvements at the Northwest Corner of West Mendenhall Street and
North Tracy Avenue, Application Z14275 (Quasi Judicial) (continued
from November 10, 2014) (Krueger)
06:41:40 PM Staff Presentation
Staff Planner Brian Krueger gave the staff presentation for the Mendenhall Mixed Use
Building Preliminary Site Plan and Certificate of Appropriateness with Zoning Variance Application to allow the Demolition of an Existing One-story Bank Building and the
Construction of a Five Story Mixed Use Building with Three Floors of Commercial
Space and 29 Residential Units on the Top Two Floors with Related Common Spaces,
Underground Parking Structure, and Site Improvements at the Northwest Corner of West
Mendenhall Street and North Tracy Avenue, Application Z14275.
07:05:36 PM Commission Questions for Staff
The Commission and staff discussed the demolition request, the meaning of intrusive, the
ramp in the proposed parking area, building permit timing, timeframes for code
amendments in regards to variances, timing before first and second application submittals, sidewalk width, parking requirements, possible historical status, deviations in
the City parking garage and the hardship definition.
07:20:57 PM Applicant Presentation
The Applicant gave their presentation regarding The Mendenhall Mixed Use Building Preliminary Site Plan and Certificate of Appropriateness with Zoning Variance
Application to allow the Demolition of an Existing One-story Bank Building and the
Construction of a Five Story Mixed Use Building with Three Floors of Commercial
Space and 29 Residential Units on the Top Two Floors with Related Common Spaces,
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Underground Parking Structure, and Site Improvements at the Northwest Corner of West
Mendenhall Street and North Tracy Avenue, Application Z14275. He spoke regarding the
ramp proposed in the parking garage and the need for its location, the amount of parking
spaces needed apart from the parking garage. They are concerned with Condition no. 4 and handed out proposed changes to the language. The bank building is not historic. The applicant representative spoke regarding the hardship related to the 90 day window
related to demolition.
07:32:43 PM Commission questions for Applicant The Commission and applicant discussed the size of the units, work force housing, the Bike board’s recommendation for a bike and pedestrian safe intersection, impacts of not
changing condition no. 4 as recommended by the applicant, and the lifespan of the
proposed building.
07:42:32 PM Public Comment
Mayor Krauss opened public comment.
07:42:43 PM Jerry Pape, Public Comment
Mr. Pape spoke regarding his memory of discussion of wanting a downtown hotel, and now we have two. We need to have consistency and determine how to deal with parking going into the future. His biggest concern is fairness so developers are not competing.
07:44:55 PM Corey Lawrence, Public Comment
Mr. Lawrence stated that he is one of the owners of the Armory. He supports investment on Mendenhall. He has concerns of the size and perspective of his project as listed in the memo and handed out another schematic showing height.
07:47:01 PM Chris Naumann, Public Comment
Mr. Naumann stated that this project would help with objectives, housing downtown is the cornerstone and this would be the catalyst for more housing downtown. It is currently difficult to find adequate space for new companies and the dedicated office space in this
project would have what new companies are looking for. He spoke regarding parking
problems and underground parking and we should try to facilitate this as this is a
significant advancement. 07:50:23 PM Public Comment closed
Mayor Krauss closed public comment.
07:50:36 PM Motion that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z14275 and move to approve the Variance from Section 38.25.020.A of the Bozeman Municipal Code, to allow the
minimum size for a parking space within the underground parking structure to be 8
feet 6 inch in width and 18 feet in length and to allow a 24 foot wide two way access aisle as shown on the application materials.
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Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:51:17 PM Discussion on the motion Cr. Mehl stated that this is a no-brainer and we want underground, and it is a great thing that they are doing for the community. In terms of the three standard we are looking at,
the project meets the standards. The access ramp slope is needed because of the physical
nature of the building, it makes sense. Deputy Mayor Taylor stated that he is troubled by the variance standard and how it is applied. He will support this motion. Mayor Krauss stated that not many are proposing underground parking, physical
conditions of the lot are not shared like the others in the area. This is a good design.
07:59:45 PM Vote on the Motion that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z14275 and move to approve the Variance from Section 38.25.020.A of the Bozeman Municipal Code, to
allow the minimum size for a parking space within the underground parking structure
to be 8 feet 6 inch in width and 18 feet in length and to allow a 24 foot wide two way access aisle as shown on the application materials. Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve AND
07:59:58 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14275 and move to approve the site plan and certificate of appropriateness with the recommended conditions of approval and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd 08:00:23 PM Commission discussion on the Motion
Cr. Mehl stated that this is a great project and spoke regard the Design Review Board
outcome. He understands parking concerns but agrees that we want to keep downtown
thriving. Cr. Pomeroy stated that she likes downtown density. This will bring more people
downtown and downtown needs more office spaces.
Deputy Mayor Taylor stated that he agrees with the others. He is questioning the
demolition permit issue. He is open to a discussion as to if this building is significantly
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different than others. He wants to maintain consistency. Deputy Mayor Taylor thanked
the developer for proposing this project.
Mayor Krauss stated that he supports this item but has some heartburn about treating
other properties differently. He spoke regarding the parking space contributions and the destruction of buildings. He clarified that the City does not bond them. He appreciates the investment and Mendenhall will be very cool. He does not support bulb outs however as
he feels that we are addressing the pedestrian access with the sidewalk.
08:13:29 PM Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14275 and move to approve the site plan and certificate of appropriateness with the recommended conditions of
approval and subject to all applicable code provisions
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve
6. 08:14:52 PM Swanson Residence Conditional Use Permit (CUP) Application, required in an R-1 Zoning District for the Establishment of an
Accessory Dwelling Unit(ADU)above a Detached Garage Building at
3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision,
Application No. Z14316 (Brekke)
08:14:54 PM Staff Presentation
Staff Planner Allyson Brekke gave the staff presentation regarding the Swanson
Residence Conditional Use Permit (CUP) Application, required in an R-1 Zoning District for the Establishment of an Accessory Dwelling Unit (ADU) above a Detached Garage
Building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision, Application
No. Z14316.
08:21:12 PM Commission questions for staff The Commission and staff discussed how a conditional use permit works, noise issues,
revoking a conditional use permit and the Foxtail area design.
08:28:47 PM Applicant Presentation
The Applicant representative gave their presentation regarding the Swanson Residence Conditional Use Permit (CUP) Application, required in an R-1 Zoning District for the
Establishment of an Accessory Dwelling Unit (ADU) above a Detached Garage Building
at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision, Application No.
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Z14316 . He spoke regarding the public comment received about parking and the
protruding dirt area.
08:30:36 PM Commission questions for the Applicant 08:30:47 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment. 08:31:01 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z14316 and move to approve the Swanson
Residence Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage building with conditions and subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd 08:31:47 PM Discussion on the Motion
Cr. Pomeroy spoke regarding consistency and that the City has already approved others
in the area. Deputy Mayor Taylor spoke regarding remedies to complaints. Cr. Mehl stated that ADUs are hard in R1 areas that were built along time ago.
Mayor Krauss spoke about prior review of this project and ADUs. Traffic congestion
and partying can happen in other houses that are not ADUs but the CUP adds protection.
We are looking for some way to increase density.
08:37:05 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application Z14316 and move to approve the
Swanson Residence Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage building with conditions and subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve 08:37:33 PM Break.
Mayor Krauss called for a break
08:43:33 PM Meeting called back to order.
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Mayor Krauss called the meeting back to order.
7. 08:43:56 PM The Lakes at Valley West Concept Planned Unit
Development and Subdivision Pre-application for a Multi-phase Residential Development located on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, Applications Z14266
and P14044 (Krueger)
08:43:58 PM Staff Presentation Staff Planner Krueger gave the staff presentation regarding the Lakes at Valley West
Concept Planned Unit Development and Subdivision Pre-application for a Multi-phase
Residential Development located on 65 Acres South of Durston Road, East and West of
an Extension of Laurel Parkway, Applications Z14266 and P14044. 09:08:27 PM Applicant Presentation.
The Applicant representative gave their presentation for The Lakes at Valley West
Concept Planned Unit Development and Subdivision Pre-application for a Multi-phase
Residential Development located on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, Applications Z14266 and P14044. This is the original
team that started Valley West back in 2001.
09:33:04 PM Commission Suggestions or Comments Cr. Mehl stated that it is a different culture and weather conditions where the Woonerf comes from. He likes that the enhanced alleys are short. 8 phases are hard to say “go
ahead” to. He has no problems with distance to the commercial node. The pond to the
east needs cross walks, he is not concerned about the 100% access, people will walk
around the pond, need a trail on east west area and he is interested in round-a-bouts. Cr. Pomeroy stated that it looks like high density and more work force housing and there is more open space.
Deputy Mayor Taylor-stated that it is worth experimenting with in Phases 1 and 2. He is
not fond of the dead ends, has concerns about some of the Woonerf function, the long
stretch on the south should be a road, is concerned about not having parking on the park
dedication, there is a need for parking on south side of lake, he is not concerned about setbacks unless there is enough growth and plantings to keep lawn fertilizer getting into
the lake. He is ok with the Woonerf design in phases 1 and 2 but there may be some
problems with enforcement and snow removal.
Mayor Krauss stated that he likes the 2008 design better but understands why the
changes are being made, there is a big chunk of residential but the developer will need to address fertilizer run off into the lake. He spoke regarding the size of the roads, the sign
for the Woonerf and understands the concept. He is a little more on the edge where there
is an unknown of how we are going to continue the street through. We tried small streets
before and he is willing to try it again. He agrees that snow removal could be a problem.
8. 05:09:14 PM Reappointments to the Bozeman Area Bicycle Advisory
Board (Ulmen)
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05:09:25 PM Motion and Vote to reappoint Jen Petersen, Bill Cochran, Daniel Davis,
Jason Delmue and Sam Haraldson to the Bozeman Area Bicycle Advisory Board. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve The Commission agreed to delay the appointments to the vacant positions to December
15th. 9. 05:09:58 PM Reappointment to the Pedestrian and Traffic Safety
Committee (Ulmen)
05:10:07 PM Motion and Vote to reappoint Gary Vodehnal to the Pedestrian and
Traffic Safety Committee.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
Commissioner - I-Ho Pomeroy: Approve I. 09:46:53 PM FYI/Discussion
1. Gas Tax item in the newspaper. The Commission agreed that this could be
discussed at the next Joint city county meeting. 2. Deputy Mayor Taylor may be gone for the next meeting and the December
22nd
3. Holiday Party this Friday
4. Early Start time next Monday
5. Water Conservation Efforts 6. Ex-parte communications.
J. 09:52:53 PM Adjournment
Mayor Krauss adjourned the meeting at 9:52 p.m.
______________________________ Jeffrey K. Krauss
Mayor
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ATTEST:
______________________________________
Stacy Ulmen, CMC
City Clerk
PREPARED BY:
______________________________________ Stacy Ulmen, CMC City Clerk
Approved on:____________________________
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Page 1 of 14
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 15, 2014 Mayor - Jeff Krauss: Present (arriving after call to order)
Deputy Mayor - Carson Taylor: Absent
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.
A. 05:07:59 PM Call to Order – 5 p.m.– Commission Room, City Hall, 121 North Rouse
Mayor Pro-Tem Mehl called the meeting to order at 5:07 p.m.
B. 05:08:05 PM Pledge of Allegiance and a Moment of Silence C. 05:08:44 PM Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda. Mr. Kukulski stated to authorize the absence of Deputy Mayor Taylor.
05:08:49 PM Motion and Vote to Authorize the Absence of Deputy Mayor Taylor
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve D. 05:09:10 PM Public Service Announcements
05:09:16 PM City Office Closures and Information for the Holiday Season (Ulmen)
05:11:12 PM Congrats to Deputy Police Chief Rich McLane on his recent graduation.
05:12:09 PM Affordable Housing Study Update (Sutton)
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05:16:26 PM Commission Questions to Staff on Affordable Housing Study Update
The Commission and Staff discussed timing of when the Commission will see the report,
and if they will have input before it is done. Staff welcomed the Commission to take part in the stakeholders groups and that the report was to be a collection of the Stakeholder’s
groups comments.
E. 05:17:39 PM Minutes – October 1, 2014 Joint City-County Meeting and November 10, 2014 Executive Session Minutes 05:17:53 PM Motion and Vote to approve the minutes from the October 1, 2014 Joint
City-County Meeting and the November 10, 2014 Executive Session as submitted.
Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve F. 05:18:19 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Approve Assignments in General Fund to be reported in FY14 CAFR
(Fiscal Year 2014 Comprehensive Annual Financial Report) (LaMeres)
3. Amendment to Professional Services Agreement with Tetra Tech Inc. for
Installation of Two Additional Groundwater Monitoring Wells and One
Round of Sampling at the Story Mill Landfill (Hixson) 4. Amendment to Professional Services Agreement with Tetra Tech Inc. for
continued Post-closure Ground Water and Landfill Gas Monitoring at the
Story Mill Landfill (Hixson)
5. First Amendment to License Agreement for the Use of City of Property by
MTPCS Inc with Cedar TowerCo, LLC. (Heaston)
6. Memorandum of Understanding between the City of Bozeman and
Montana Bureau of Mines and Geology for the Gallatin Valley
Groundwater Availability Assessment (Heaston) 7. Joint Funding Agreement with the U.S. Geological Survey for the
Continued Operation of a Streamflow Gaging Station on the East Gallatin
River (Heaston) 8. Memorandum of Understanding between the City of Bozeman and the
Montana Department of Natural Resources and Conservation providing
for the Installation and Maintenance of a Stream Gage on Sourdough
Creek (Heaston)
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9. Community Development Fund Capital Improvement Plan (CIP) for
Fiscal Years 2016-2020 (Rosenberry)
10. Fire Capital and Equipment Fund Capital Improvement Plan (CIP) for
Fiscal Years 2016-2020 (Rosenberry)
11. Vehicle Maintenance Fund Capital Improvement Plan (CIP) for Fiscal
Years 2016-2020 (Rosenberry) 12. Solid Waste Fund (Collection & Recycling) Capital Improvement Plan
(CIP) for Fiscal Years 2016-2020 (Rosenberry)
13. Tree Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years
2016-2020 (Rosenberry) 14. Findings of Fact and Order for the Norton East Ranch Phase 3 Major
Subdivision Preliminary Plat Application, Application P14037
(Krueger) 15. Findings of Fact and Order for the Four Points Minor Subdivision
Preliminary Plat, Application P14041 (Krueger)
16. Final adoption of Ordinance 1901, to amend the Zoning Map to change
from BP Business Park District to B-2 Community Business District on 6.59 Acres plus Adjacent Public Right of Way, legally described as Lot
5A, Minor Subdivision 340A and Lot 4 Minor subdivision 340, located at
536 and 642 Cottonwood Road, Application Z14195 (Saunders)
17. 2015 Beer, Wine and Liquor License Renewals (Rosenberry)
05:18:22 PM City Manager Highlights.
Mr. Kukulski went over each consent item.
05:21:25 PM Public Comment
Mayor Krauss opened public comment on the consent agenda.
No person commented.
Mayor Krauss closed public comment.
05:21:43 PM Motion and Vote to approve Consent Items F. 1-17 as submitted.
Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve G. 05:22:01 PM Public Comment
Mayor Krauss opened general public comment.
05:22:25 PM Chris Naumann, Public Comment
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Mr. Naumann stated that he is the Executive Director for the Downtown Bozeman
Partnership who along with the TIF districts are committed to the fiber initiative. The
fiber project is an important economic tool.
05:24:03 PM Public Comment closed.
Mayor Krauss closed public comment.
H. 05:24:09 PM Action Items
1. 05:24:10 PM General Fund Capital Improvement Plan (CIP) for Fiscal
Years 2016-2020 (Rosenberry)
05:24:55 PM Staff Presentation Administrative Services Director Anna Rosenberry gave the staff presentation for the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020.
05:35:34 PM Commission Questions
The Commission and Staff discussed the Police radios and the network with the Gallatin County.
05:37:46 PM Continued Staff Presentation
Ms. Rosenberry continued to highlight the general fund projects.
05:44:37 PM Public Comment
Mayor Krauss opened public comment.
05:44:50 PM Joseph Swanson, Public Comment
Mr. Swanson stated that he is the President of the Bozeman Protection Police Association. Spoke regarding concerns regarding unreliability with current police radios.
05:48:07 PM Public Comment closed.
Mayor Krauss closed the public comment.
05:48:17 PM Commission Questions for Staff
The Commission and Staff discussed next steps with the Rouse Justice Center, park
restroom upgrades, stormwater, patrol vehicle replacement, lawnmowers, Bogert pool,
the pergola at Fire Station 3, the professional building carpet replacement, park entrance
signs, Beal floor replacement, point persons for the 911 communication discussions and revenue growth.
06:27:06 PM Motion and Vote to approve the General Fund Capital Improvement Plan
for Fiscal Years 2016-2020, omitting the lines in the financial summary about the bond issue for the indoor/outdoor aquatic facility of $23.8 million.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
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06:27:41 PM Commission discussion on the Motion
Cr. Mehl stated that the Commission will discuss the bond issue when setting priorities
in 5 weeks. Mayor Krauss stated that he does not want to imply that he will vote for a new
motorcycle, and it is dangerous waiting on the pool. Have a plan in September to get it
done for the following year for us. Anything that is over $10,000 needs to be on the CIP.
He appreciates the staff’s concentration on this. 06:30:23 PM Vote on the Motion to approve the General Fund Capital Improvement
Plan for Fiscal Years 2016-2020, omitting the lines in the financial summary about the bond issue for the indoor/outdoor aquatic facility of $23.8 million.
Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 06:30:48 PM Break
Mayor Krauss called for a break. 06:41:30 PM Back to order
Mayor Krauss called the meeting back to order.
2. 06:41:38 PM Broadleaf Annexation and Zone Map Amendment for Property Located South of Lincoln Street and East of Maple Lane,
allowing the Establishment of an Initial Zoning Classification of R-4
(Residential High Density District) for approximately 0.33 Acres of the
Property contingent upon Annexation into the City of Bozeman, and
Rezoning of approximately 1.63 Acres of the Property from R-1 Zoning (Residential Single-Household, Low Density District) to R-4 Zoning,
Applications A14002 and Z14280 (Brekke)
06:42:09 PM Staff Presentation Staff Planner Allyson Brekke gave the staff presentation for the Broadleaf Annexation
and Zone Map Amendment for Property Located South of Lincoln Street and East of
Maple Lane, allowing the Establishment of an Initial Zoning Classification of R-4
(Residential High Density District) for approximately 0.33 Acres of the Property
contingent upon Annexation into the City of Bozeman, and Rezoning of approximately 1.63 Acres of the Property from R-1 Zoning (Residential Single-Household, Low Density
District) to R-4 Zoning, Applications A14002 and Z14280.
06:49:38 PM Commission questions for Staff
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The Commission and Staff discussed sewer capacity, water improvements and water
rights.
06:53:55 PM Applicant Presentation The Applicant representative gave their presentation regarding for the Broadleaf Annexation and Zone Map Amendment for Property Located South of Lincoln Street and
East of Maple Lane, allowing the Establishment of an Initial Zoning Classification of R-4
(Residential High Density District) for approximately 0.33 Acres of the Property
contingent upon Annexation into the City of Bozeman, and Rezoning of approximately 1.63 Acres of the Property from R-1 Zoning (Residential Single-Household, Low Density District) to R-4 Zoning, Applications A14002 and Z14280.
06:55:15 PM Commission questions for Applicant
None. 06:55:35 PM Public Comment
Mayor Krauss opened public comment.
06:55:42 PM Jerry Pape, Public Comment Mr. Pape stated that he knows the property well. The sewer capacity issue causes him to
wonder about the City being proactive instead of reactive. Areas going to a greater
density need to be a high target for the Commission next year. He encouraged the
Commission to support the proposal.
06:59:08 PM Mary Price, Public Comment
Ms. Price thanked staff for getting back to her with answers to her questions. She feels
that people didn’t get notice in the area and she is opposed to both proposals. She urged
the Commission to learn from the past. Preserve investments, pedestrian safety. She
suggested constructing a Park instead.
07:02:19 PM Rebecca Manners, Public Comment
Ms. Manners stated that it seems that not all of the properties are being considered. All
properties will be impacted by R4 zoning. She would like the Commission to reconsider
R4 and possible zone the area R2 or remain in same zoning. There is a lot of housing in this area. She has concerns with the assumption that the character of district is that the
majority housing are not owner occupied, but the properties adjacent are owner occupied.
She spoke regarding the covenant on the property which says that the zoning needs to
remain within a B. She then handed a copy of the covenant to the Clerk.
07:05:43 PM Don Lint, Public Comment
Mr. Lint spoke regarding the dense occupancy and supports the zoning change. Believes
it is for the best next to the University etc.
07:07:11 PM Christina Herinsuite, Public Comment
Ms. Herinsuite stated that her concerns are traffic and parking and urged the Commission to rethink the zoning. What is currently on the property does not look good. Rezone to
something less dense.
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07:08:15 PM Public Comment Closed.
Mayor Krauss closed public comment.
07:08:25 PM Break
Mayor Krauss called for a break.
07:18:11 PM Meeting called back to order
Mayor Krauss called the meeting back to order. 07:18:38 PM Summary of Protest
Ms. Brekke stated that the protests have been counted and that 26% have been received
which meets the Threshold which means that a 2/3rds vote by the Commission must
occur. Ms. Brekke also spoke regarding different noticing methods. Mr. Sullivan stated that the City is not part of the covenant as described in public comment.
07:20:35 PM Cr. Pomeroy Disclosure
Cr. Pomeroy stated that she has a business on Lincoln Street and asked the City Attorney
if there was an issue in her taking part in this decision. There is not an issue. 07:21:01 PM Applicant response to Public Comment
No response.
07:21:14 PM Motion that Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application A14002 and move to approve the Broadleaf Annexation with recommended terms of annexation, and direct staff to prepare an
annexation agreement for signature by the parties.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
07:21:51 PM Commission discussion on the Motion Cr. Pomeroy supports the Motion Cr. Andrus stated that this meets the standards and she supports.
Cr. Mehl stated that he will be supporting the Motion. This is an appropriate change in
regards to acreage.
Mayor Krauss stated that the property is contiguous and he is going to say yes.
07:23:31 PM Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application A14002 and move to approve
the Broadleaf Annexation with recommended terms of annexation, and direct staff to
prepare an annexation agreement for signature by the parties.
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December 15, 2014, Bozeman City Commission Minutes
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Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 07:23:48 PM Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z14280 and move to approve the Broadleaf Zone Map Amendment with contingencies required to complete the application
processing.
Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd
07:24:19 PM Commission discussion on the Motion Cr. Pomeroy thanked the public comment. It makes to make sense to have high density close to the university. Cr. Andrus spoke regarding the character of the area and stated that this is land close to
the university and this zoning fits the area.
Cr. Mehl stated that the staff report is convincing. Mayor Krauss stated that he is opposed. There are plenty of places addressing the density. One side of the area is zoned RS. He spoke regarding feathered zoning and that
this is a long upstanding neighborhood. He doesn’t want to sacrifice every neighborhood
in the City for density.
07:28:28 PM Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z14280 and move to approve
the Broadleaf Zone Map Amendment with contingencies required to complete the
application processing. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 07:28:46 PM The Bozeman Fiber Initiative Project Overview and Policy
Direction (Fontenot)
07:29:45 PM Staff Presentation
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Economic Development Director Brit Fontenot and Specialist David Fine gave the staff
presentation regarding the Bozeman Fiber Initiative Project Overview and Policy
Direction.
07:53:47 PM Public Comment
Mayor Krauss opened public comment.
07:53:57 PM Jerry Pape, Public Comment
Mr. Pape spoke regarding Anthony Cochenhour of Hopelight Industries and his past with fiber efforts in Bozeman . More broadband is better. Take advantage of this. Mr. Pape spoke regarding cloud based computing and stated that at some point businesses will use
a cloud base approach. The City is missing redundancy and needs to have two different
paths in the event data goes down. This initiative can bring you affordable redundancy.
The local network is used daily by schools and the county and it would be good for the Commission to have some control over the local area. This has the opportunity to bring safety.
07:59:07 PM Larry Johnson, Public Comment
Mr. Johnson that that he is the President of the Montana Optics and Photonics Alliance. They support this initiative and there is a need for affordable highspeed connectivity. Mr. Johnson urged Commission to support.
08:00:33 PM Ken Fickler, Public Comment
Mr. Fickler stated that he has a company that is part of Mr. Johnson’s Photonics group. His business employs nearly 50 people in the Valley. They are in favor. There is a need for access to affordable and sustainable internet. His company spoke with Charter and it
is very expensive. He recently did a speed test and the outcome was a low internet speed.
08:02:46 PM Richard Wardel, Public Comment Mr. Wardel with TCT who is a service provider located in Wyoming. He worked with the
City of Powell on their fiber network. There is a complexity of customers and
requirements. Complexity is going through the roof. There are multiple layers of service.
They are in favor of the proposal.
08:05:37 PM Chris Leonard, Public Comment
Mr. Leonard stated that he has an internet company on Main street and employs 26
people. They are a dissatisfied internet customer. His company uses about 4,000 hours of
internet per month. He is in favor of this proposal and there is a need something publicly
owned.
08:06:47 PM Daryl Schliem, Public Comment
Mr. Schliem, CEO of the Bozeman Chamber of Commerce stated that is critical for the City to look at a fiber network. The Chamber is a partner in the study. Cloud base
computing will grow. They are behind the study.
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08:08:30 PM Cheryl Ridgley, Public Comment
Ms. Ridgley from Bozeman Deaconess Health Services stated that they are a supporting
partner. This is an important initiative and it is vital to their operations and that they access other facilities and have 22 clinic locations. Affordability is paramount.
08:10:49 PM Ann Schloter, Public Comment
Ms. Schloter spoke in support. Her business works with global customers where all of
their work is done virtually. They need the internet service to keep pace with her business’s growth.
08:12:13 PM Brad Summers, Public Comment
Mr. Summers from the Bozeman School District spoke in support because it provides a
vision. 08:12:55 PM Bill Procunier, Public Comment
Mr. Procunier has a professional IT support service here in Bozeman. Affordable
broadband is a critical service in Bozeman. There is still a great room of improvement in
current internet. Availability is an issue as well. It is important. Redundancy is huge, stability. He spoke in support.
08:15:39 PM Matt Johnson, Public Comment
Mr. Johnson spoke in support and is member on the Chamber Board and a private
business. He spoke regarding membership on the board in making sure there is a balance.
08:16:38 PM Jason Weathers, Public Comment.
Mr. Weathers stated that he works for Charter. The hardest thing for them in regards to
the high cost is access into a building. What is being discussed will benefit them as a
provider.
08:18:11 PM Public Comment Closed.
Mayor Krauss closed public comment.
08:18:17 PM Commission questions for Staff The Commission and staff discussed the difference between broadband and fiber,
reducing cost per person, current internet services, TIF districts, how other communities
are funding these types of projects, revenue stream, competing, timeframes, cost
estimates, School board involvement, phasing and where we currently are with funding.
08:38:32 PM Motion to direct Community and Economic Development staff to return
to the Commission with a proposed Bozeman Fiber Master Plan.
Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd 08:39:03 PM Commission discussion on the Motion.
Cr. Andrus stated that she supports this plan and it is a good idea.
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December 15, 2014, Bozeman City Commission Minutes
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Cr. Mehl stated that he supports the motion. Understands that this will be updated in the
next year or two. The importance of tonight is education. Everything that we do is cloud
based. There is importance of redundancy. He appreciates staff thinking about money and
where it will come from. He is encouraged about meeting with Stakeholders. Cr. Pomeroy stated that this sounds like 21st century essential infrastructure.
Mayor Krauss stated that details will matter. The issue to him is not to overpromise. He
has run a redundant cable into the Museum and agrees with running it to big users. He
would like to know if we address blight and it should be investigated. TIFs are due to
blight. He doesn’t feel investment in Bozeman is lacking. Investment in this kind of infrastructure could be better.
08:49:07 PM Vote on the Motion to direct Community and Economic Development
staff to return to the Commission with a proposed Bozeman Fiber Master Plan.
Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 08:49:37 PM Resolution 4572, Memorandum of Understanding between the City of Bozeman and The Trust for Public Land regarding the Story
Mill Community Park, a Land Purchase and Sale Agreement for the Park
property, and a License Agreement for ongoing development activities by
TPL (Poissant)
08:50:36 PM Staff Presentation
Parks and Recreation Director Mitch Overton gave the staff presentation for Resolution
4572, Memorandum of Understanding between the City of Bozeman and The Trust for
Public Land regarding the Story Mill Community Park, a Land Purchase and Sale Agreement for the Park property, and a License Agreement for ongoing development
activities by TPL.
09:02:56 PM Commission questions for Staff
The Commission and Staff discussed inspection of the property.
09:03:44 PM Public Comment
Mayor Krauss opened public comment.
09:03:51 PM Madie Pope, Public Comment
Ms. Pope with the Trust for Public Land stated that she is committed to working on the master plan and continue to involve the public in the process. The group is enhancing
habitat and are working hard on a match for grant funds.
09:06:06 PM Questions from the Commission
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The Commission and Ms. Pope spoke regarding the 8 acre pocket neighborhood set aside
and the affordable housing component in regards to this park area.
09:08:20 PM Public Comment closed. Mayor Krauss closed public comment. 09:08:32 PM Motion that having considered public comment and the recommendations
of staff, I hereby move to adopt Resolution 4572 authorizing the City Manager to sign:
(i) a binding Memorandum of Understanding with TPL describing the City’s and TPL’s respective obligations related to the Story Mill Community Park Project; (ii) a Real Estate Purchase and Sale Agreement for acquisition of the Park property by the City upon the City Attorney’s determination that all legal requirements have been met
including approval by the City Attorney of an updated preliminary title commitment;
and (iii) a License Agreement granting TPL limited rights to access the Park property after conveyance to the City for the purpose of its ongoing development activities and for fulfilling its obligations pursuant to the Memorandum of Understanding.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd 09:09:21 PM Commission discussion on the Motion
Cr. Mehl stated that staff worked hard on this. In regards to the match, promises are
being fulfilled. Great to see the private public-partnership come together. Cr. Pomeroy agrees with Cr. Mehl. She really wants to see affordable housing in the area.
09:10:58 PM Vote on the Motion that having considered public comment and the
recommendations of staff, I hereby move to adopt Resolution 4572 authorizing the City Manager to sign: (i) a binding Memorandum of Understanding with TPL describing the City’s and TPL’s respective obligations related to the Story Mill Community Park Project; (ii) a Real Estate Purchase and Sale Agreement for
acquisition of the Park property by the City upon the City Attorney’s determination that
all legal requirements have been met including approval by the City Attorney of an updated preliminary title commitment; and (iii) a License Agreement granting TPL limited rights to access the Park property after conveyance to the City for the purpose of its ongoing development activities and for fulfilling its obligations pursuant to the
Memorandum of Understanding.
Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 5. 09:11:09 PM Appointments to the Bozeman Area Bicycle Advisory Board
(Ulmen)
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The Commission decided to take care of the Cemetery board appointments before this
item.
09:12:24 PM Commission discussion
09:12:28 PM Motion and Vote to appoint Dillon Warn to the December 31, 2014 term
position on the Bozeman Area Bicycle Advisory Board. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 09:13:42 PM Motion and Vote to appoint Zach Steffl to the vacant position on the
Bozeman Area Bicycle Advisory Board that expires on December 31st, 2015. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 6. 09:11:54 PM Reappointments and Appointment to the Cemetery Advisory
Board (Ulmen)
09:11:56 PM Motion and Vote to reappoint Scott Urban, Lowell Springer and Don
Derby to the Cemetery Advisory Board and to appoint Marypat Zitzer to the vacant position on the Cemetery Advisory Board. Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve I. 09:14:26 PM FYI/Discussion
1. Meeting this Friday at 3:30 p.m. with Local Legislators to begin the dialog
for the upcoming legislative session. Mayor Krauss stated that he is
interested in how water rights agreement in the western part of the state
affects the city water rights.
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December 15, 2014, Bozeman City Commission Minutes
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2. Mr. Kukulski thanked Ms. Rosenberry for her and her team’s hard work
on the CIP.
3. Cemetery Board and Staff have been approached about transferring land to
the State for a National Veteran’s Cemetery. Mayor Krauss would like to see this discussed with the goals in January and to make it a priority. J. 09:17:23 PM Adjournment
Mayor Krauss adjourned the meeting at 9:17 p.m.
______________________________ Jeffrey K. Krauss Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC
City Clerk
Approved on:____________________________
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Page 1 of 5
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, December 22, 2014
Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Absent
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.
A. 12:02:28 PM Call to Order – Noon – Commission Room, City Hall, 121 North
Rouse Mayor Krauss called the Meeting to order at 12:02 p.m.
B. 12:02:31 PM Pledge of Allegiance and a Moment of Silence
C. 12:03:14 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda. Mr. Kukulski stated no.
D. 12:03:21 PM Public Service Announcement – City Office Closures and
Information for the Holiday Season (Ulmen)
E. 12:04:59 PM Authorize Absence of Deputy Mayor Taylor
12:05:02 PM Motion and Vote to Authorize the Absence of Deputy Mayor Taylor
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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December 22, 2014, Minutes of the Bozeman City Commission
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F. 12:05:12 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Addendum to the Professional Services Agreement of the Contract for Snow Removal Services Agreement of the Contract for Snow Removal
Services for the Bozeman Public Library with Alpine Lawn Care
(Goehrung)
3. Beer, Wine and Liquor License Renewals 2015 (Goodwin)
4. Certification of Delinquent City Assessments to the County (Clark/Neibauer)
5. Ellis View Estates Planned Unit Development Public Access Easement,
located at 3601 Good Medicine Way File Z-14284 (Saunders)
6. Update on the Preservation Board's Plans for Historic Preservation
Awards (Kramer)
12:05:17 PM City Manager Highlights
City Manager Chris Kukulski gave an overview of each consent item.
12:06:24 PM Public Comment Mayor Krauss opened public comment. No person commented.
Mayor Krauss closed public comment.
12:06:27 PM Motion and Vote to approve Consent Items F. 1-6 as submitted. Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve G. 12:06:45 PM Public Comment Mayor Krauss opened general public comment.
No person commented.
Mayor Krauss closed public comment.
H. 12:07:09 PM Action Items
1. 12:07:12 PM Audit of Fiscal Year 2014 Financial Statements
(Rosenberry)
12:07:26 PM Staff Presentation
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City Controller Brian LaMeres began the Staff Presentation regarding the Audit of Fiscal
Year 2014 Financial Statements. He then introduced Kyla Stafford from Anderson
ZurMuehlen & Co. who will be giving the presentation.
12:08:43 PM Ms. Stafford
Ms. Stafford explained that there are four parts to the audit. The first section is the
Introductory section that includes a letter of transmittal to the Citizens of Bozeman and
the City’s 30th Certificate of Achievement from the Government Financial Officers
Association. The second section is the Financial section that includes the Auditor’s report with a clean opinion. The third section is the Management’s Discussion and Analysis which is required supplemental information including a financial comparative
from year to year. The fourth section is the Basic Financial Statements. As far as
significant things, there was an increase in cash position mostly due to the TOPS bond,
and increase in landfill cost liability, an increase in pollution remediation liability, and a statement of activities debt forgiveness which was a loan that become a grant in the wastewater fund. Ms. Stafford then went over the Fund financial statements. She then
went over the footnotes section of the Audit. Ms. Stafford then went over footnote 20.
Staff has noted a change in this area and proposed amended language to the Motion. She
then went over significant impacts to the financial statements. Ms. Stafford then highlighted the Auditor’s opinion including three findings. The first finding relates to budgetary amendments for the purchase of the armored vehicle. The second finding
relates to federal compliance for reporting related to the Domestic Violence Assistance
Program. Reporting did not occur but she does not feel this is a significant impact on the
City. The third finding relates to timesheet documentation for the Domestic Violence Assistance Program.
12:21:45 PM Commission Questions for Staff
The Commission and Staff discussed the requirements.
12:22:02 PM. Continued staff presentation
Ms. Stafford spoke regarding the listing of significant findings, proposed adjustments and
the special report on the Building Code. Deputy Chief of Police Rich McLane spoke
regarding the findings and that they have a number of sub-recipients and have taken
measures to make sure the findings are corrected.
12:22:49 PM Commission Questions for Staff
The Commission and Staff discussed the affect of the findings. Ms. Stafford explained
that the City has one year to remediate the finding. Ms. Rosenberry stated that Staff has
had discussions and have put into place how to remedy all three findings. 12:23:35 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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December 22, 2014, Minutes of the Bozeman City Commission
Page 4 of 5
12:23:37 PM Motion to accept the Comprehensive Annual Financial Report and
results of the financial audit for fiscal year 2014 along with accompanying reports,
including the proposed addition to Note 20, page 81, Story Mill Claims as noted by
Staff. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
12:23:47 PM Commission discussion on the Motion
12:25:59 PM Vote on the Motion to accept the Comprehensive Annual Financial
Report and results of the financial audit for fiscal year 2014 along with accompanying
reports, including the proposed addition to Note 20, page 81, Story Mill Claims as noted by staff.
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 I. 12:26:21 PM FYI/Discussion
1. 12:26:24 PM Workforce Housing Ordinance Update (Thomas)
Community Development Director Wendy Thomas was asked by the Commission to add a Resolution to the next agenda supporting her decision to suspend the Workforce
Housing Ordinance for a longer period of time.
12:33:08 PM 2. Legislative Direction
The Commission directed Staff to add this as an Action item
12:34:55 PM 3. Packet delivery on December 31st.
J. 12:35:33 PM Adjournment Mayor Krauss adjourned the meeting at 12:35 p.m.
______________________________
Jeffrey K. Krauss
Mayor
ATTEST:
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December 22, 2014, Minutes of the Bozeman City Commission
Page 5 of 5
______________________________________
Stacy Ulmen, CMC
City Clerk
PREPARED BY:
______________________________________ Stacy Ulmen, CMC City Clerk
Approved on:____________________________
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