HomeMy WebLinkAbout2008-12-08 Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 8, 2008
The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, December 8, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean
Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant
City Attorney Tim Cooper, Finance Director Anna Rosenberry, Planning Director Andy Epple,
and City Clerk Stacy Ulmen.
0:11:49 A. Call to Order - 6 p.m. -Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:05 p.m.
0:11:55 B. Pledge of Allegiance and a Moment of Silence
0:12:42 C. Changes to the Agenda
There were no changes to the agenda.
0:12:47 D. Public Service Announcement -Beautification Awards (Bristor)
0:12:55 Allyson Bristor, Associate Planner
Ms. Bristor gave a presentation regarding Beautification Awards. There were 13 different
projects awarded. Ms. Bristor went over the different types of projects.
0:26:19 Mayor Jacobson
Mayor Jacobson thanked the Beautification Advisory Board for their work.
0:26:56 E. Minutes -September 15, 2008, October 27, 2008, November 6, 2008 Policy
Meeting
0:27:03 Motion and Vote (to approve the minutes from September 15, 2008, October 27,
2008, and the November 6, 2008 Policy Meeting).
It was moved by Cr. Rupp, seconded by Cr. Becker (to approve the minutes from
September 15, 2008, October 27, 2008, and the November 6, 2008 Policy Meeting).
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:27:16 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Staff to Redesign and Rebid the Solid Waste Division Building
Addition (Arkell)
Minutes of the Bozeman City Commission, December 8, 2008
3. Authorize City Manager to sign City of Bozeman and Montana Department of
Transportation MPDES Small MS4 Storm Water Discharge Co-permit (Johnson)
4. Authorize City Manager to sign Montana Department of Commerce/Big Sky
Economic Development Trust Fund. Assistance Agreement Amendment between
CDI Business Solutions -Aerospace ("CDI"), and the City of Bozeman
(Rosenberry)
5. Authorize City Manager to sign Montana Department of Commerce/Big Sky
Economic Development Trust Fund Assistance Agreement Amendment between
the City of Bozeman and Gallatin Development Corporation, dba Prospera
Business Network (Rosenberry)
6. Approve Beer and Wine or Liquor License Renewals for Calendar Year 2009
(Neibauer)
7. Approve the Monthly Building Report for November 2008 (Doerksen)
8. Approve Parkland Cash-in-Lieu Dedication for the Rialto Building Site Plan and
Certificate Of Appropriateness Application #Z-07252 (Bristor)
0:27:22 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:27:32 Motion to approve Consent Items 1-8.
It was moved by Cr. Becker to approve Consent Items 1-8.
0:27:38 Cr. Krauss
Cr. Krauss asked that Consent item number 2 be pulled from the motion and postponed until a
presentation can be given on the item.
0:27:54 Cr. Becker
Cr. Becker agreed to amend his motion to take out Consent item 2.
0:27:56 Motion seconded to approve Consent Items 1, and 3-8.
Cr. Krauss seconded the motion to approve Consent Items 1, and 3-8.
0:28:07 Vote on the Motion to approve Consent Items 1, and 3-8.
Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:28:27 Debbie Arkell, Public Works Director
Ms. Arkell spoke regarding Consent item number 2. Ms. Arkell stated that today is the last day
to either award or reject the bids.
Minutes of the Bozeman City Commission, December 8, 2008
0:29:12 Cr. Bryson
Cr. Bryson would like a presentation on redesigning the Solid Waste Division Building.
0:29:26 Motion to approve rejecting the bids.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve reiecting the bids.
0:30:01 Cr. Bryson
Cr. Bryson clarified his motion stating it was only to reject the bids.
0:32:03 Stacy Ulmen, City Clerk
Ms. Ulmen restated the motion.
0:32:20 Vote on the Motion to approve rejecting the bids.
Those voting Ave being Crs. Bryson, Becker, Krauss, and Rupp.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
0:32:29 Motion to Authorize Consent Item F. 2 to (direct) City Staff to redesign and rebid
the solid waste division building addition.
It was moved by Cr. Rupp to Authorize Consent Item F. 2 to (direct) City Staff to redesign
and rebid the solid waste division building addition.
0:32:51 Motion failed to Authorize Consent Item F. 2 to (direct) City Staff to redesign and
rebid the solid waste division building addition.
The motion failed due to a lack of a second.
0:34:43 G. Public Comment
Mayor Jacobson opened public comment.
0:35:32 Steve Kirchhoff, Public Comment
Mr. Kirchhoff spoke regarding the Cowdrey Towers. He wants it denied. This location is not
the place for it. This project is discouraged in the growth policy.
0:39:47 Ted Newman. Public Comment
Mr. Newman of 535 Valley Drive spoke regarding the new school on West Babcock Street. He
is requesting mitigation regarding his street or continuing Fowler.
0:42:30 Chris Wilcox, Public Comme~zt
Mr. Wilcox, 1120 Willson spoke regarding the beautifications in the City.
Minutes of the Bozeman City Commission, December 8, 2008
0:43:54 Chris Naumann, Public Comment
Mr. Naumann stated that he is here on behalf of the Bozeman Partnership and is speaking in
regards to the Cowdrey Towers. The Downtown is the heart and soul of the Community. He
suggested varied building heights.
0:46:10 Deb Stober, Public Comme~tt
Ms. Stober of 395 Valley Drive spoke regarding paving Fowler and the impact of the future
traffic from the new school.
0:47:37 Adam Arnold, Public Comment
Mr. Arnold of 616 South 8th spoke regarding the Cowdrey Towers and the Wastewater
Treatment plant.
0:49:06 Marv Vanthull, Public Comment
Ms. Vanthull, 416 East Story spoke regarding the Cowdrey Towers. Downtown cannot take any
more blows. She asked that the Commission deny the Cowdrey Towers application.
0:51:17 John BelslTaw, Public Comment
Mr. Belshaw of 45 Gardner Park Drive spoke regarding the height of the towers.
0:52:17 Public Comment closed.
Mayor Jacobson closed public comment.
0:52:21 H. Special Presentations
0:52:25 1. CMC Asbestos Bozeman Facility Update (Cooper/Tetra Tech, Inc.)
0:52:38 Tim Cooper, Assistant City Attorney
Mr. Cooper spoke regarding the CMC Asbestos Bozeman Facility. He spoke regarding the
reimbursement from the Orphan Share fund and the steps that have been taken to move forward.
0:54:48 Kirk Miller, Tetra Tech
Mr. Miller spoke regarding the new developments at the CMC site. He spoke regarding the
schedule going forward and correspondence from the Department of Environmental Quality.
1:04:14 Mayor Jacobson
Mayor Jacobson spoke regarding her concern of the timeline and receiving the monies from the
Orphan funds and the Legislature.
1:06:24 Cr. Krauss
Cr. Krauss spoke regarding the reimbursement of the "ad ons".
1:1.6:22 Cr. Rupp
Cr. Rupp has concerns with the time frame. He spoke regarding the turnarounds with DEQ.
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Minutes of the Bozeman City Commission, December 8, 2008
1:17:05 2. 2008 Storm Water Update (Johnson)
1:17:41 Dustin Johnson, Project Engineer
Mr. Johnson gave a presentation regarding the 2008 Stonn Water Update. He went over what
has been accomplished regarding the phase 2 permit. He spoke regarding the differences of
street and storm water costs and creating a storm water utility.
1:33:39 Cr. Bryson
Cr. Bryson stated that it seems the allocating scheme needs to be reviewed.
1:37:02 Mr. Johnson
Mr. Johnson spoke regarding retention ponds.
1:39:15 Cr. Becker
Cr. Becker spoke about engaging the County regarding their parcels in the City limits.
1:42:12 Mr. Johnson
Mr. Johnson suggested that a Policy Meeting take place to discuss a storm water utility.
1:42:51 Cr. Rupp
Cr. Rupp stated that he would like to have the size of impervious lot areas considered rather than
looking at price per month.
1:43:42 Cr. Krauss
Cr. Krauss would. like a map showing which areas discharge into the creek, etc.
1:44:13 Mr. Johnson
Mr. Johnson stated that there is an old map that is accurate up to the 1970-1980s. This is a
requirement coming up in 2009-2010. Need enough staff time to put this together.
1:45:00 Cr. Krauss
Cr. Krauss stated that the map seems to be a critical element in forming fees.
1:45:48 Mayor Jacobson
Mayor Jacobson stated that a policy session will be scheduled.
1:46:03 I. Action Items
1:46:08 1. Cowdrey Towers Master Site Plan, Conditional Use Permit, First Phase Site
Plan, and Certificate of Appropriateness with Deviation Application #Z-08088, opened and
continued from December 1, 2008 (Krueger)
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1:49:18 Cr. Krauss
Cr. Krauss disclosed to that he spoke to Chris Naumann who mentioned the same items
regarding the project as what were mentioned tonight during public comment.
1:50:14 Dave Crawford, TD & H Engineering, Applicant's Representative
Mr. Crawford spoke regarding sewer capacity.
1:51:46 Scott Bechtle, Bechtle Architects, Applicant Representative
Mr. Bechtle spoke regarding the informal presentation comments.
1:56:13 Mayor Jacobson
Mayor Jacobson spoke regarding mixed use development. Mass is a real problem.
1:59:43 Mr. Bechtle
Mr. Bechtle spoke regarding the LEEDS certification.
2:11:01 Amendment to the Main Motion to eliminate the approval of the deviation request.
An amendment was made by Cr. Rupp, seconded by Cr. Becker to eliminate the approval
of the deviation request.
2:11:17 Cr. Rupp
Cr. Rupp clarified that this brings the buildings to 74ft.
2:11:43 Cr. Becker
Cr. Becker stated that he has reviewed the materials. He spoke regarding deviations.
2:20:06 Vote on the Amendment to the Main Motion to eliminate the approval of the
deviation request.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:20:24 Cr. Becker
Cr. Becker spoke regarding condition #17.
2:26:20 Mr. Bechtle
Mr. Bechtle spoke regarding shading and the urban plaza.
2:35:08 Vote on the Main Motion as Amended from December 1, 2008 made by Cr. Bryson,
seconded by Cr. Krauss to approve the Cowdrey Towers Master Plan, Conditional Use
Permit, First Phase Site Plan and Certificate of Appropriateness with Deviation #Z-08088
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Minutes of the Bozeman City Commission, December 8, 2008
with the Conditions and Code Provisions outlined in the staff report with the exception of
#17, and to eliminate the approval of the deviation request.
Those voting Ave being Crs. Bryson, Krauss, and Becker.
Those voting No being Cr. Rupp, and Mayor Jacobson.
The motion passed 3-2.
2:35:32 Break
2:45:00 2. Award of Bid for Phase I Renovation of the Story Mansion (Goehrung)
2:45:18 James Goehrung, Superintendent of Facilities
Mr. Goehrung spoke regarding the Award of Bid for the Phase I Renovation of the Story
Mansion. Bids were opened on December 3, 2008. He spoke regarding the improvements.
There is a shortfall of $391,222.
2:48:05 Mayor Jacobson
Mayor Jacobson asked that the slide be shown that explains the source of funds.
2:51:28 Mr. Goehrung
Mr. Goehrung spoke regarding the floor strengthening and fire suppression.
2:53:44 Mayor Jacobson
Mayor Jacobson spoke regarding the electrical work.
2:54:46 Cr. Rupp
Cr. Rupp spoke regarding the kitchen.
2:55:46 Cr. Krauss
Cr. Krauss spoke regarding budget amendments.
2:58:24 Public Comment
Mayor Jacobson opened public comment.
2:58:34 Amanda Drysdale, Public Comment
Ms. Drysdale of 2020 South Rouse Apt. 9 stated that she is the great granddaughter of Nelson
Story. She encouraged the Commission to accept the bids.
3:04:02 Dee Dee Taylo~~, Public Comment
Ms. Taylor of 8 West Harrison Street stated she is part of the Story Mansion group. She spoke
regarding the City Hall Opera house and funding the renovations of the Story Mansion. She
encouraged the Commission and staff support the project.
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3:08:25 Bob Currin~, Public Comment
Mr. Curring of spoke regarding the Montana Constitution. The people have the right to decision
on this.
3:11:37 Jane Klockman. Public Comment
Ms. Klockman of 713 South Willson spoke in support of the renovation. She spoke regarding
other like mansions around the United States and how they have been used both for private and
public use.
3:18:35 Martha Story Drysdale, Public Comme~tt
Ms. Drysdale of 1408 South Black Avenue stated that she supports the renovation. The Mansion
should be preserved. Her father was raised in the house.
3:21:24 Mark Story. Public Comment
Mr. Story of 325 North 22nd spoke regarding his concern of fiscal prudence. He urges that the
Commission not approve the project and instead get the City Manager to get an appraisal.
3:23:24 Maurice Steinman, Public Comment
Mr. Steinman of 122 Franklin Hills Drive stated that there needs to be a study done to figure out
how to best use this property. He stated that it does not make economic sense not to go forward
with the restoration.
3:24:32 Mark Hofsteler, Public Comment
Mr. Hofsteler stated that he is the president of the Bozeman Historic Preservation Advisory
board. He is speaking as an individual and is in support.
3:27:56 Jeff Stephens, Public Comment
Mr. Stephens of 205 South Church spoke in support of the project.
3:29:42 Chris Wilcox, Public Comment
Mr. Wilcox of 1120 Willson stated the City needs to sell the Mansion and get it back in the tax
rolls.
3:31:52 Pierce Mullah. Public Comment
Mr. Mullah of 11 Hill Street spoke in support of the renovation of the Mansion. Consider the
cultural aspects of the building.
3:33:35 Al Jag~ard, Public Comment
Mr. Jaggard spoke regarding developing community values.
3:36:37 Gina Franklin, Public Comment
Ms. Franklin 314 North 18th stated the City needs to have control of the property but sell it to a
private buyer.
Minutes of the Bozeman City Commission, December 8, 2008
3:39:52 Bob Chase. Public Comment
Mr. Chase of 433 South Black Avenue spoke regarding budget concerns. His concern is what
the condition the Story Mansion will be in 10 years. He spoke regarding an asbestos report.
3:44:05 Margret Bach, Public Comment
Ms. Bach of 197 Lamplight Lane spoke regarding a similar month. There needs to be a director
for the building. This could be a meeting place.
3:47:07 Orvil Bach. Public Comment
Mr. Bach of 197 Lamplight Lane spoke regarding economics. Many other Communities have
done projects like this. The potential and opportunities are endless. We need a plan and look
what other communities have done.
3:50:06 Abigale B~~ewer, Public Comment
Ms. Brewer of 502 North 1 lth Avenue stated that the Story Mansion is a place of tremendous of
value.
3:51:32 Robin Owen. Public Comment
Ms. Owen of 289 Chapmin Road asked those who are in support of the Story Mansion stand up.
3:52:23 Public Comment closed
Mayor Jacobson closed public comment.
3:52:39 Mayor Jacobson
Mayor Jacobson spoke in support of the Story Mansion and the SAT grant. She spoke regarding
past historical buildings that were torn down. We need to preserve the historical legacy of
Bozeman. There is a market of Heritage tourism. She would like to see a room dedicated to the
SAES. Mayor Jacobson stated that she received a letter promising a $5,000 contribution for the
Mansion.
4:18:22 Cr. Bryson
Cr. Bryson spoke regarding the use of the Mansion and the SAT grant money. The City should
not be engaged in keeping this in public ownership.
4:22:22 Cr. Krauss
Cr. Krauss spoke regarding the general fund funding for the Story Mansion. He also spoke
regarding the SAT grant. He understands preserving heritage. It would be better historically
preserved in private hands.
4:30:09 Cr. Rupp
Cr. Rupp spoke regarding the financial aspect of the project. He spoke regarding local option
taxes. There is common ground.
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