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HomeMy WebLinkAbout02-25-08 Minutes1 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 25, 2008 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, February 25, 2008 at 6:00 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Neighborhood Coordinator and Assistant to the City Manager Brit Fontenot, City Attorney Paul Luwe, and Deputy City Clerk Cynthia Jordan Delaney. 0:07:57 A. Call to Order - 6 p.m. - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order. 0:07:59 B. Pledge of Allegiance and a Moment of Silence 0:08:42 C. Public Service Announcement - The Veterans Memorial (Don Derby, President of Friends of the Sunset Hill Cemetery Veterans Memorial Fund, Veterans’ Representative on the Cemetery Advisory Board) 0:08:50 Don Derby Mr. Derby offered an update about the Vietnam Veterans Memorial Wall, and thanked the hundreds of businesses and individuals who have donated over $70,000, as well as over $30,000 in materials and equipment. He stated that the dedication will be on May 24 at 2:00 p.m. They have enough money to finish this project and start an all veterans wall. 0:13:41 D. Minutes - December 17, 2007, January 14, 2008, and January 25, 2008 Joint City-County Meeting 0:13:44 Motion and Vote approval for December 17, January 14, 2008, January 25, 2008. It was moved by Cr. Becker, seconded by Cr. Rupp, approval for December 17, January 14, 2008, January 25, 2008. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:14:13 Chris Kukulski, City Manager - Changes to the Agenda Mr. Kukulski asked to remove item E. 12.: Approve Resolution No. 4097, Establishing a Fee Schedule for Reservation of Story Mansion Grounds for Group Activities (Dingman). He asked that it be moved to a future agenda when staff members can be present to answer questions. Bozeman City Commission Meeting, February 25, 2008 0:14:47 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign the Contract with Protection Tech for Parking Control Equipment for the Downtown Bozeman Intermodal Facility (Goehrung) 3. Authorize City Manager to sign the Standard Form of Agreement between the City of Bozeman and Martel Construction for Fire Station #3 and the County 911 Center (Goehrung) 4. Authorize City Manager to sign a Professional Services Contract with National Research Center, Inc. (Fontenot) 5. Authorize City Manager to sign the Drainage Easement and the Release and Reconveyance of Easement for Highgate House (Murray) 6. Authorize City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement for the Cattail Lofts Development (Heaston) 7. Authorize Mayor to sign the Findings of Fact and Order for the Preliminary Plat of Eastlake Minor Subdivision (Windemaker) 8. Authorize Mayor to sign a Letter to the Gallatin County Commission regarding the Law & Justice Center Site (Tymrak) 9. Authorize Payment for the Buttrey's Solvent Site Cost Recovery (Luwe) 10. Approve cancelling the previously scheduled Special Policy Meeting on Wednesday, February 27, 2008 from 12:00-1:30 p.m. (Ulmen) 11. Approve Resolution No. 4096, Setting the City’s Priority List for Federal Funding Assistance (Kukulski) 12. Approve Resolution No. 4097, Establishing a Fee Schedule for Reservation of Story Mansion Grounds for Group Activities (Dingman) REMOVED FROM AGENDA 13. Finally adopt Ordinance No. 1739, Cahill Tracts 4 & 5 Zone Map Amendment #Z-07163 (Knight) 0:14:49 Public Comment opened. Mayor Jacobson opened public comment. 0:15:11 Brian Leland - Public Comment Mr. Leland, of 528 North Bozeman, commented about Consent item 8, purchasing five acres from the Law and Justice Center site for a new police station. He stated that when comparing the taxable values of the County and the City, the City already owns 35% of that complex, land and buildings. He doesn't think the City should have to pay anything for it. Back in 1992 the City paid a huge lease payment for the Police Dept. We're still not done with that agreement. 0:16:50 Public Comment closed. Mayor Jacobson closed public comment. 0:17:15 Motion and Vote approve of Consent items E. 1-11 and #13. 2 Bozeman City Commission Meeting, February 25, 2008 It was moved by Cr. Rupp, seconded by Cr. Bryson, approve of Consent items E. 1-11 and #13. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:17:34 F. Public Comment Mayor Jacobson opened and closed public comment. No person commented. 0:18:16 G. Mayoral Proclamation - Peace Corps Week: February 25-March 3, 2008 Mayor Jacobson read the Mayoral Proclamation for Peace Corps Week. 0:20:35 H. Special Presentation - State of the Neighborhoods Address (Bozeman Inter- Neighborhood Council) 0:20:37 Brit Fontenot, Neighborhood Coordinator and Assistant to City Manager Mr. Fontenot introduced the second annual State of the Neighborhoods Address, to be given by members and representatives of neighborhood associations. The state of the neighborhoods is strong, and the outlook is positive, especially with the new Neighborhood Recognition Ordinance and the operational bylaws that provide a clear mission and vision. He also gave a few examples of neighborhood challenges. 0:22:36 Dana Huschle, INC Chair and Chair of New Hyalite View Neighborhood Association Mr. Huschle stated that the Inter-Neighborhood Council is very glad to be official now. He summarized the mission statement and vision statement, as well as describing INC's monthly meetings and accomplishments. 0:24:24 Bill VandenBos, Chair of Marwyn-Lindley Neighborhood Association and INC Vice Chair Mr. VandenBos detailed the accomplishments, meetings, events, interests, obstacles, and partnerships of the Marwyn-Lindley Neighborhood Association with its 65 residents. 0:28:42 Tom Noble, President of North East Neighborhood Association (NENA) Mr. Noble detailed the accomplishments, meetings, events, interests, obstacles, and partnerships of NENA with its approximately 850 households. 0:34:11 Dana Huschle, Chair of New Hyalite View Neighborhood Association Mr. Huschle detailed the accomplishments, meetings, events, interests, obstacles, and partnerships of the New Hyalite View Neighborhood Association with its approximately 290 residences. 0:36:36 Paul Schirmir, South Central Association of Neighbors (SCAN) Mr. Schirmir detailed the accomplishments, meetings, events, interests, obstacles, and partnerships of SCAN with its approximately 500 households (with expanded boundaries). 3 Bozeman City Commission Meeting, February 25, 2008 0:40:47 Bob Wall, Secretary of South East Neighborhood Association (SENA) Mr. Wall detailed the accomplishments, meetings, events, interests, obstacles, and partnerships of SENA with its approximately 165 households. 0:44:17 Mr. Fontenot, on behalf of the Bozeman Creek Neighborhood Association (BCNA) Mr. Fontenot detailed the accomplishments, meetings, events, interests, obstacles, and partnerships of BCNA with its approximately 800 households. 0:47:02 Catherine Byrd, Acting President of Cascade Association of Neighbors (CAN) Ms. Byrd detailed the accomplishments, meetings, events, interests, obstacles, and partnerships of CAN with its 535 residences. 0:50:26 Mr. Fontenot Mr. Fontenot concluded the presentation by thanking the neighborhood volunteers for their care, time, and efforts on behalf of the neighborhoods and the INC to make this community a better place. 0:51:30 I. Action Items 0:51:32 1. Greek Way Apartments Site Plan #Z-07270, opened and continued from February 11, 2008 (Krueger) 0:51:40 Public Comment Mayor Jacobson opened and closed public comment. No person commented. 0:51:54 Motion to continue until March 17. It was moved by Cr. Bryson, seconded by Cr. Becker, to continue until March 17. 0:52:36 Cr. Rupp Cr. Rupp stated that he isn't going to vote for this. He is ready to make his decision now and was ready a week ago. 0:53:34 Vote to continue until March 17. [It was moved by Cr. Bryson, seconded by Cr. Becker, to continue until March 17.] Those voting Aye being Crs. Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being Cr. Rupp. The motion carried 4-1. 0:53:51 2. The Willson/Bozeman Armory Site Plan and Certificate of Appropriateness with Deviations #Z-07278 (Bristor) 0:54:05 Allyson Bristor, Historic Preservation Planner 4 Bozeman City Commission Meeting, February 25, 2008 Ms. Bristor presented the staff report. She stated that the building is individually listed on the National Register of Historic Places. The Planning staff recommendation is to deny the demolition request and to invoke a two year stay on the issuance of demolition permits to discuss alternatives. If the City Commission wants to approve the demolition, there are additional conditions of approval to consider: a 150% cash financial guarantee for the demolition, a historic survey and inventory of a potential National Registry building, a cash contribution for the City's Montana Historical and Architectural Inventory update, and/or Design Review Board review prior to Final Site Plan approval. 1:14:20 Ron Slade, Applicant Mr. Slade, of Bechtle-Slade Architects and Planners, handed out information to the Commission and said that Bechtle-Slade has been working on this for 2 1/2 years. He stated that Fred Willson is not the architect of record. The Armory has a failing roof, asbestos, graffiti, and urination inside, and there is no use in the mechanical electrical systems; it is not economically feasible. He said there is nothing they could do to satisfy Historic Preservation staff. He detailed the current plan to build the new building with green building practices. 1:45:26 Public Comment opened. Mayor Jacobson opened public comment and asked those commenting to form a line. 1:46:00 Richard Brown - Public Comment Mr. Brown, of 507 West Babcock, is against the destruction of the Armory. During his childhood, Bozeman lost many historic buildings. He read Chris Naumann's letter and said that if the Armory is dilapidated, you could apply that same rule to almost all buildings in the historic district. He said it won't benefit the public, and will take down one of seven Art Deco buildings in town. 1:49:38 John Belshaw - Public Comment Mr. Belshaw, of 45 Gardner Park Drive, feels very strongly about the future of the community and downtown. Our downtown is a gem. He is tired of hearing this is an Art Deco building; this a concrete fortress with a hint of Art Deco. He was frustrated when he heard the history of the Planning Board with this project. A lay person can see there is a great deal of difference in design between this and other armories. 1:52:39 Larry Bowman - Public Comment Mr. Bowman, of 36 East Main, a downtown business owner, encouraged the Commission's support of this project. We need investment in downtown Bozeman to help it compete with the North 19th development. Downtowns are fragile and need to be kept economically viable. This project will attract people downtown; he doesn't think the Armory will ever be a financial asset to downtown. We don't need another two years of an empty building downtown. 1:54:45 Ray Sikorski on behalf of Anne Sherwood - Public Comment Mr. Sikorski, of 1510 South Grand, read a published letter written by Anne Sherwood, of 607 South 7th, who is out of town: "If we tear down the Armory, we are removing another icon of our past. . . . If we're tearing down buildings because of asbestos and lead paint, you can say 5 Bozeman City Commission Meeting, February 25, 2008 goodbye to most of downtown Bozeman. . . . Tearing down the Armory is unpatriotic, unimaginative, and bad for the environment." 1:56:57 Kelly Livingston - Public Comment Ms. Livingston, of 1111 South 3rd Avenue, opposes the demolition. It's a sound building that could be used in many beneficial ways if we could determine the right use. We owe it to our veterans, children, environment, and citizens to preserve our City's historic architecture. Why would we destroy a significant historic building when there are other alternatives? Let's preserve history and not be a wasteful culture. 1:59:32 Megan Quinn - Public Comment Ms. Quinn, representing Place Architecture at 118 East Main Street, urged the Commission to follow the recommendation of the Planning staff and the Design Review Board to allow for a two year stay on the demolition of the Armory. The vitality of the downtown district is dependent on its rich history. The historic significance of the Armory far outweighs the significance of the proposed building. 2:01:49 Leslie Gilmore - Public Comment Ms. Gilmore, of 180 North Low Bench Road in Gallatin Gateway, wants to save the Armory. She addressed misconceptions about what historic preservation really is and said facade-ism isn't an acceptable form of preservation. She raised issues about brick, ceiling heights, soffits, exposed duct work, a different mechanical systems, LEED Certification, and thought the developer owes due diligence. 2:03:53 Chris Wilcox - Public Comment Mr. Wilcox, of 1120 South Willson, said he is torn right now because it looks grandiose, but he believes the Armory should stay right where it is. He suggested tabling the discussion to get some time. If you take down one icon, the rest will go. He asked for a resounding 5-0 vote of no from the Commission, or to table this item. 2:04:58 Blake Maxwell - Public Comment Mr. Maxwell, of 16 West Peach Street, stated that this is a tough decision that will be remembered by the citizens and by the Commission. That argument about economic stimulus or tax revenue isn't accurate. It has been proven that historic preservation and economic opportunity go hand in hand. The highest costs per square foot are found in Bozeman's historic conservation overlay. People want to live in the heart of Bozeman where history is. 2:06:55 James Donaldson - Public Comment Mr. Donaldson, who is homeless in Bozeman, stated that it sounds like the Armory is a solid building. He doesn't understand why the Commission wants to destroy a building that could be used for a bomb shelter. He submitted paperwork about the homeless into the record. 2:07:39 Public Comment closed. Mayor Jacobson closed public comment. 6 Bozeman City Commission Meeting, February 25, 2008 2:08:08 Mr. Slade, Applicant Rebuttal Mr. Slade reminded the Commission that this project was sold to our clients by the City, with a buy-sell that clearly states for private redevelopment. He stated that our clients were evaluating what to do for 3 1/2 years before our involvement. Years, fees, and an enormous amount of goodwill were put forth to come up with a solution that would be acceptable to Planning staff, but it wasn't acceptable. 2:19:26 Cr. Rupp Cr. Rupp asked Mr. Slade about what happens if he votes tonight to wait for two years. What will they do in that two year time frame? 2:19:47 Mr. Slade Mr. Slade stated that they will either sell the building because after five years their clients no longer have the financial wherewithal. They don't have two more years to speculate about what this building might be capable of. Financially it doesn't make sense any longer. 2:21:12 Cr. Bryson Cr. Bryson verified with Mr. Slade that you are now telling us that you don't believe there is any possible adaptive reuse, based on you representing the current owners of this building. You have come to the conclusion after some analysis that you don't think you can use any part of this building. 2:21:48 Mr. Slade Mr. Slade responded that that is correct. 2:21:55 Mayor Jacobson Mayor Jacobson suggested to Mr. Slade that should the building be demolished, if the wood floor is in good condition, that you remove the floor and save it so it could be used somewhere else. 2:22:38 Mr. Slade Mr. Slade responded that certainly we would be more than willing to do that. 2:30:31 Cr. Bryson Cr. Bryson stated that now we're back for the third bite at the historic preservation apple. After we've bought it and sold it, now it seems strange that we're telling a private owner to do what we didn't do either in the transaction for us to purchase or sell the building. 2:31:20 Mr. Kukulski Mr. Kukulski stated that this sale was done in the format of an advertised, normal sealed bid process, and only one sealed bid was submitted. 2:33:43 Mayor Jacobson Mayor Jacobson recognized that the Planning staff would like a chance to rebut. 7 Bozeman City Commission Meeting, February 25, 2008 2:33:48 Andy Epple, Planning Director - Staff Rebuttal Mr. Epple stated that the Planning staff's view is that there is the potential to add a couple of floors to this building. They could be beautiful, green floors with the kinds of amenities that Mr. Slade provided, on the existing building. That could provide the vibrancy and vitality for downtown that everyone is seeking. It's about a beautiful rehabilitated building. 2:34:46 Mr. Kukulski Mr. Kukulski stated that we are at a disadvantage because the Unified Development Ordinance and 2020 Plan don't get deeply into the issue of economic development. In effect there has already been more than a two year stay. He thinks this is an exceptionally exciting project for downtown. The economic viability needs to be balanced with the needs of downtown and historic preservation rules, especially with the millions of square feet of development on North 19th and West Main. 2:38:07 Mayor Jacobson Mayor Jacobson declared a ten minute break. 2:38:30 Break 2:51:26 Call to Order Mayor Jacobson called the meeting back to order. 2:51:30 Mayor Jacobson Major Jacobson clarified that Leslie Gilmore was representing herself as a citizen during public comment, and not as a representative of the firm CTA. She stated that Courtney Kramer, Planner, will come forward for a staff rebuttal that is important to her. 2:52:11 Courtney Kramer, Planner - Staff Rebuttal Ms. Kramer clarified that Planning staff and the Bozeman Historic Preservation Advisory Board didn't cross paths in their intent for preservation of the full building. The first paragraph of the letter she drafted to Bechtle-Slade in September 2007 (after the BHPAB did the Informal) stated that BHPAB would have a very, very difficult time with the demolition of that building. The BHPAB saw that a facade-ectomy would be the last and worst case scenario. 2:53:45 Cr. Krauss Cr. Krauss talked about the history behind the Armory bid and sale; he chaired the meeting to open the sealed bids and sell the Armory. He stated that the Armory was surplussed out by the state; we bought it to be torn down and replaced by a performing arts center; we sold it for that; we consciously didn't put any stipulations or deed restrictions on the property, knowing that would reduce the value of the bid; we got the full amount at the time of the bid (one bidder). 2:57:31 Cr. Krauss Cr. Krauss answered Mayor Jacobson that he didn't think the BHPAB was involved in these discussions. He stated that many people (even those who now oppose the demolition) didn't want to see anything stand in the way of the performing arts center. 8 Bozeman City Commission Meeting, February 25, 2008 2:58:13 Cr. Krauss' Findings Before his motion, Cr. Krauss wanted to make these findings for the record: he is persuaded by factors cited by the applicant that there isn't a viable economic life remaining. The factors show that it is not suitable as a commercial building. 3:02:43 Cr. Rupp Cr. Rupp wanted to include in the motion imposing a condition helping the City financially with our inventory of historic properties. 3:03:28 Motion to approve the Willson/Bozeman Armory Site Plan and Certificate of Appropriateness with Deviations Z-07278 with Mitigation Strategy A included, which is the one that requires the cash financial guarantee for the demolition. To follow up on that, in the Conditions of Approval (#1) on 26, it has "Prior to the issuance of any demolition or building permit, the applicant shall be required to perform a HABS/HAER Level II of documentation of the historic Bozeman Brewery Armory." and I'm hoping that's just the Bozeman Armory. That condition stays with just that modification. It was moved by Cr. Krauss, seconded by Cr. Becker, to approve the Willson/Bozeman Armory Site Plan and Certificate of Appropriateness with Deviations Z-07278 with Mitigation Strategy A included, which is the one that requires the cash financial guarantee for the demolition. To follow up on that, in the Conditions of Approval (#1) on 26, it has "Prior to the issuance of any demolition or building permit, the applicant shall be required to perform a HABS/HAER Level II of documentation of the historic Bozeman Brewery Armory." and I'm hoping that's just the Bozeman Armory. That condition stays with just that modification. 3:05:17 Cr. Krauss Cr. Krauss stated that he has to look at what downtown needs now and in the future: to widen north and south, a newer tone to Mendenhall and Babcock. This building sets a tone for that. That doesn't mean turning our backs on our past. He encourages this as an alternative to North 19th. 3:12:06 Cr. Bryson Cr. Bryson stated that the applicant did the absolute bare minimum to conform with the requirements to redevelop an historic building and to convince him that there is not viability left in this building. There should be hurdles for an applicant that wants to tear down an historic building. He said the fine balance is adaptive reuse and economic viability for downtown. He's willing to accept the project as it is now. 3:14:19 Cr. Becker Cr. Becker stated that in order to sustain our community protections have to be in place. Those hurdles are good. He said we've had a four year stay already. It's unlikely to be developed at all in the next two years. To say we want to protect the building that will destroy the building; it is being degraded by neglect. Its life as a contributing structure is over. We've ended up with our best option. 9 Bozeman City Commission Meeting, February 25, 2008 3:24:37 Mayor Jacobson Mayor Jacobson stated that this is a very difficult decision because of two competing things she loves: historic preservation and downtown's continued economic vitality. She questioned what could be done to the Armory that could satisfy the Dept. of Interior's criteria. Regarding climate change, it might take more energy to rehabilitate the structure. She hopes the developer pursues LEED Certification. This mixed use development and the parking garage will be very important for downtown. 3:32:15 Cr. Rupp Cr. Rupp stated that there are two right answers to this conversation tonight. On one hand, there are valuable, correct assertions about historic preservation. He has the privilege of working downtown in an historic building that took 9 1/2 years to redo. The other right answer is the City being only as healthy as its downtown. It means a lot when downtown investors speak about investment. Downtown has to grow to the north. 3:35:18 Friendly Amendment to Main Motion It was moved by Cr. Rupp to amend the main motion by adding the Planning staff Condition #C. on page 27, cash contribution in the amount of $25,000. Crs. Krauss and Becker accepted the amendment as a friendly amendment. Mitigation Strategy C.: "The applicant shall provide a cash contribution, amount determined by the City Commission, to the City of Bozeman’s upcoming update to the City’s Montana Historical and Architectural Inventory update. The City of Bozeman is planning for an update to the City Montana Historical and Architectural Inventory file, beginning in 2009. The initial plan is for a three-year phased update, with each year budgeted for $150,000." Main Motion including Friendly Amendment: It was moved by Cr. Krauss, seconded by Cr. Becker, to approve the Willson/Bozeman Armory Site Plan and Certificate of Appropriateness with Deviations Z-07278 with Mitigation Strategy A included, which is the one that requires the cash financial guarantee for the demolition. To follow up on that, in the Conditions of Approval (#1) on 26, it has "Prior to the issuance of any demolition or building permit, the applicant shall be required to perform a HABS/HAER Level II of documentation of the historic Bozeman Brewery Armory." and I'm hoping that's just the Bozeman Armory. That condition stays with just that modification. To amend the main motion by adding the Planning staff Condition #C. on page 27, cash contribution in the amount of $25,000. 3:35:58 Amendment to Motion It was moved by Cr. Becker, seconded by Cr. Rupp, to add Mitigation Strategy D to the motion on the table. 10 Bozeman City Commission Meeting, February 25, 2008 Mitigation Strategy D: "The Design Review Board shall review the proposed new construction, prior to Final Site Plan approval, and provide Planning Staff architectural design recommendations." 3:36:46 Mayor Jacobson Mayor Jacobson agreed with Cr. Becker to add that amendment. 3:37:14 Cr. Krauss Cr. Krauss is concerned about that because we sent this through the entire process, and it was vetted completely. He doesn't understand why it has to go through the process again. He is worried of what new conditions we'd see placed on this. 3:38:23 Mayor Jacobson Mayor Jacobson stated that Cr. Krauss convinced her. 3:38:30 Withdrawal of Motion Cr. Becker stated that he is convinced, and he withdrew that motion. Cr. Rupp withdrew his second. 3:38:50 Clarification of Main Motion As requested, Deputy City Clerk Cynthia Jordan Delaney read and clarified the motion with the help of the Commission, and the Commission agreed that this is the motion: To approve the Willson/Bozeman Armory Site Plan and Certificate of Appropriateness with Deviations Z-07278 with all conditions, with modified Condition #1 without the word "Brewery," adding Mitigation Strategy A., and adding Mitigation Strategy C. in the amount of $25,000. 3:40:04 Vote to approve the Willson/Bozeman Armory Site Plan and Certificate of Appropriateness with Deviations Z-07278 with all conditions, with modified Condition of Approval #1 without the word "Brewery," adding Mitigation Strategy A., and adding Mitigation Strategy C. in the amount of $25,000. It was moved by Cr. Krauss, seconded by Cr. Becker, to approve the Willson/Bozeman Armory Site Plan and Certificate of Appropriateness with Deviations Z-07278 with all conditions, with modified Condition #1 without the word "Brewery," adding Mitigation Strategy A., and adding Mitigation Strategy C. in the amount of $25,000. Those voting Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. Those voting No being Cr. Rupp. The motion carried 4-1. Revised Condition of Approval #1: 1. Prior to the issuance of any demolition or building permit, the applicant shall be required to perform a HABS/HAER Level II of documentation of the historic Bozeman 11 Bozeman City Commission Meeting, February 25, 2008 Armory. HABS/HAER documentation includes large format photographs, building elevations and interior building floor plans of the existing building. Please see Staff’s Appendix L for a description of Level II documentation. Mitigation Strategy A.: a. The applicant shall provide a 150% cash financial guarantee for the proposed demolition (1.5 x contractor’s cost estimate of demolition). Planning Staff recommends the Commission require a financial guarantee for the proposed demolition. The proposal includes an enormous scale of demolition. A partially demolished building creates a negative effect on the downtown community. A 150% financial guarantee provides the City adequate financial resources to protect the site if the applicant is unable to complete the proposed demolition. Revised Mitigation Strategy C. with the amount of $25,000 included: c. The applicant shall provide a cash contribution, in the amount of $25,000, to the City of Bozeman’s upcoming update to the City’s Montana Historical and Architectural Inventory update. The City of Bozeman is planning for an update to the City Montana Historical and Architectural Inventory file, beginning in 2009. The initial plan is for a three-year phased update, with each year budgeted for $150,000. 3:40:21 Mayor Jacobson Mayor Jacobson declared a five minute break. 3:40:41 Break 3:52:01 Call to Order Mayor Jacobson called the meeting back to order. 3:52:04 3. Meadow Creek Sewer Payback District (Murray) 3:52:07 Bob Murray, Project Engineer Mr. Murray presented the staff report for the revised sewer payback agreement for Meadow Creek. He detailed the areas of this agreement that they revised based on the City Commission's comments from a few weeks ago. 3:55:09 Ryan Riddle, Applicant Mr. Riddle, of Engineering, Inc., didn't have anything further to present since last time. 3:55:25 Public Comment Mayor Jacobson opened and closed public comment. No person commented. 3:55:43 Motion to authorize City Manager to sign the revised Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements. 12 Bozeman City Commission Meeting, February 25, 2008 It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize City Manager to sign the revised Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements. 3:55:59 Cr. Rupp Cr. Rupp asked whether the existing homeowners in those neighborhoods who are already connected to City water and sewer are included in this agreement. 3:56:15 Mr. Murray Mr. Murray answered that those homeowners are excluded, per the Commission's recommendation. 3:57:07 Vote to authorize City Manager to sign the revised Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements. [It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize City Manager to sign the revised Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements.] Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 3:57:35 Ms. Delaney Ms. Delaney stated that there is a bit of doubt about whether or not the 10 p.m. or 11 p.m. meeting ending time has been shifted in the ordinance for the Rules of Procedure, and she's been advised that it's best to suspend the Rules at 10 p.m. anyway. 3:57:50 Suspension of the Rules of Procedure Mayor Jacobson suspended the Rules until we're finished. 3:58:07 Mayor Jacobson Mayor Jacobson was concerned that people were waiting for the Draft Stormwater Facility Plan, and she verified that the Commission had decided to cover it some other evening. 3:58:43 4. Bozeman High School Renovation Addition Informal #I-08002 (Skelton) 3:58:44 Mr. Epple Mr. Epple introduced the project review for informal comment and advice from the Commission. This is a School District proposal on North 11th Avenue; it's the Chief Joseph Middle School area proposed for renovations to add to the high school. 4:01:56 Ben Lloyd, Applicant Mr. Lloyd, of Comma-Q Architecture, is representing the School District. He clarified that it's a 50,000 square foot addition on the eastside of the existing Chief Joseph Middle School as part of a comprehensive project that runs from the Swim Center to the NE side of the middle school. 13 Bozeman City Commission Meeting, February 25, 2008 4:11:11 Cr. Krauss Cr. Krauss asked about adequate planning for all the intensity of traffic on 11th and the pick ups and drop offs. It's not very good right now. 4:11:48 Mr. Lloyd Mr. Lloyd stated that they have reconfigured the parking lot to help facilitate drop off and pick up. 4:13:59 Cr. Becker Cr. Becker expressed concerns about safety issues related to the functionality of 11th and Mendenhall. He asked if the applicant is required to improve that intersection. 4:16:43 Cr. Becker Cr. Becker asked about the safety plan, evacuation procedures, and lockdown features, and whether schematics will be available to first responders when they first enter the facility. 4:17:40 Mr. Lloyd Mr. Lloyd stated that they will be extending the lockdown system as part of this project. 4:20:48 Public Comment Mayor Jacobson opened and closed public comment. No person commented. 4:21:01 6. Appointment to the Tree Advisory Board (Delaney) 4:22:45 Motion and Vote that we approve Lessa Millard to the Tree Advisory Board. It was moved by Cr. Bryson, seconded by Cr. Krauss, that we approve Lessa Millard to the Tree Advisory Board. Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 4:23:36 7. Appointment to the Senior Citizens Advisory Board (Delaney) 4:23:52 Motion and Vote to approve Sally Fishman. It was moved by Cr. Becker, seconded by Cr. Bryson, to approve Sally Fishman. Those voting Aye being Crs. Becker, Bryson, and Mayor Jacobson. Those voting No being Crs. Rupp and Krauss. The motion carried 3-2. 4:24:39 Motion and Vote to reconsider the last decision that I made: the appointment. 14 Bozeman City Commission Meeting, February 25, 2008 It was moved by Cr. Becker, seconded by Cr. Rupp, to reconsider the last decision that I made: the appointment. Those voting Aye being Crs. Becker, Rupp, Bryson, and Krauss. Those voting No being Mayor Jacobson. The motion carried 4-1. 4:25:40 Motion and Vote to appoint her. It was moved by Cr. Becker, seconded by Cr. Bryson, to appoint her. Those voting Aye being Mayor Jacobson. Those voting No being Crs. Becker, Rupp, Bryson, and Krauss. The motion failed 4-1. 4:26:01 5. Draft Stormwater Facility Plan (Murray) 4:26:18 Mayor Jacobson Mayor Jacobson stated that Bob Murray said that we should move the Draft Stormwater Facility Plan to about the 25th of next month (March). 4:26:57 Mr. Kukulski Mr. Kukulski stated that the staff will get that scheduled. 4:27:05 Public Comment Mayor Jacobson opened and closed public comment. No person commented. 4:27:18 J. FYI/Discussion 4:27:30 Cr. Rupp Cr. Rupp wants to assist some local businesses who approached him with redesign concerns taking place in the Buttrey Shopping Center. There are some tax-paying local businesses caught in the middle, and he is supportive of reconsidering or taking a look at it. 4:30:13 Cr. Rupp Cr. Rupp suggested following up on Cr. Bryson's goal-setting comments about where we are with curbside recycling: Where are we going? What are our benchmarks? What are the options? How do existing private businesses fit in? 4:30:47 Mayor Jacobson Mayor Jacobson agreed that recycling follow up is a good idea. 4:31:10 Cr. Becker Cr. Becker stated that the timing of opening the Bacchus and Ted Montana Grill restaurants in the Baxter Hotel is critical. He wanted to help out and speed up that application, if possible. 15 Bozeman City Commission Meeting, February 25, 2008 16 4:31:33 Mr. Kukulski Mr. Kukulski stated that it has been moved up to the March 3 meeting. 4:31:59 Cr. Becker Cr. Becker stated that the Commission should have a broader policy discussion about the sign issue. 4:32:47 Cr. Bryson Cr. Bryson suggested that the BID should get involved in the conversation about the downtown sign ordinance. He stated that it was clear at the BID meeting that if Ted's doesn't get their bigger sign, Ted’s wouldn't do the restaurant. 4:35:14 Mr. Kukulski Mr. Kukulski stated that he and Mayor Jacobson are leaving for Washington, D.C. in the morning. 4:36:01 K. Adjournment Mayor Jacobson adjourned the meeting. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 24, 2008 *An audio version of this meeting is unavailable. Please refer to the DVD. ********************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, March 24, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, Public Service Director Debbie Arkell, Director of Finance Anna Rosenberry, and City Clerk Stacy Ulmen. A. Call to Order-6 p.m.-Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order. B. Pledge of Allegiance and a Moment of Silence Mayor Jacobson Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes. C. Public Service Announcement 1. Greater Gallatin Toilet Trade-Out Event Brian Heaston, Project Engineer and Water Conservation Manager for the City of Bozeman presented a power point presentation on the Greater Gallatin Toilet Trade-Out Event. 2. National Citizens’ Survey Focus Groups Brit Fontenot, Neighborhood Coordinator for the City of Bozeman presented a Public Service Announcement regarding the National Citizens’ Survey Focus Groups. D. Minutes-January 28, February 13, 2008 Policy Meeting Motion and Vote to approve the Minutes of January 28, and February 13, 2008 Policy Meeting. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Minutes of January 28, and February 13, 2008 Policy Meeting. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Minutes of the Bozeman City Commission, Monday, March 24, 2008 Those voting No being none. The motion carried 5-0. E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Hilltop Tank Painting Contract Change Order No. 2 (Heaston) 3. Authorize Payment for the Buttrey's Solvent Site Cost Recovery (Cooper) 4. Approve cancelling the March 26, 2008 Policy Meeting (Ulmen) Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Consent Items E. 1-4. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items E. 1-4. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. F. Public Comment Mayor Jacobson opened public comment. Shelly Johnson-Public Comment Ms. Johnson of 502 South 19th Suite 302 stated that she is the Director of Alcohol and Drug Services of Gallatin County. She spoke regarding a proposed halfway house that her company is looking at putting in at 119 South Church. She spoke regarding the process that her company took in order to put in the halfway house. Mike Rupert-Public Comment Mr. Rupert stated that he is the CEO of Boyd Andrew Community Services. This company is subcontracting with 6 other entities in the state to provide these types of services. He highlighted which Cities have halfway houses. Nobody is forced to be there. There is security including video surveillance in the facility. 2 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Ben Dirks-Public Comment Mr. Dirks of 1712 West Olive Street stated that he spoke against placing the re-entry center on the south east corner of the Law and Justice campus in 2004. He was part of the concerned citizens group at that time. Mr. Dirks stated that after he started doing his homework, he soon realized that this was not going to be something that was detrimental to the Community. He spoke in favor of the halfway house. Charlotte Buckmeir-Public Comment Ms. Buckmeir stated that she is a strong advocate for recovery. These tools need to be offered to those who want to be in recovery. Becky Wysoski-Public Comment Ms. Wysoski of 652 Springhill Lane stated that she supports the halfway house. This is another tool for recovery. Ron Vargas-Public Comment Mr. Vargas of 16002 Bridger Canyon Road stated that he works for Alcohol and Drug services. He is a case manager. He is willing to do whatever he can do to help. Con Spencer-Public Comment Mr. Spencer of 1518 South Church stated that he is a resident in the neighborhood. Jeff Stephens-Public Comment Mr. Stephens of 205 South Church Avenue stated that he is a neighbor of the proposed facility. The concern is that none of the neighbors knew anything about the facility. The neighbors support having the facility but they want to be involved in the process. Daren Nordhagen-Public Comment Mr. Nordhagen stated that he owns the property at 115 South Church. He understands that this is a noble cause. He has concerns of the uncertainty of the proposed facility. Clarice Dryer-Public Comment Ms. Dryer of 4750 Jordan Spur Road stated that she is the owner of the property. She feels fortunate to rent her property as the recovery house. Steve Kelly-Public Comment Mr. Kelly of 4750 Jordan Spur Road spoke regarding the difficulty of renters. Mr. Kelly stated that he is Ms. Dryer’s partner. When the company looked at the house, he asked if there would be any violent or sexual offenders that would be living there. He was told there would not be. Mr. Kelly stated that he is unclear of the statutory authority the City has to require a conditional use permit. He recommends the project. 3 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Gary Baukman-Public Comment Mr. Baukman of 2100 Tayabeshockup Road stated that he lives at the other recovery house and it is the best thing that has ever happened to him. This is one of the best tools in order to grow in recovery. Carrie Erickson-Public Comment Ms. Erickson stated that she is a case manager at Alcohol and Drug Services and is involved in recovery houses. There are not sexual or violent offenders that will be coming to this recovery home. Recovering people make really good neighbors. There will be two screening processes that will occur in order for someone to move into the recovery home. Joshua Handsaker-Public Comment Mr. Handsaker spoke in support of the recovery house. Help people that want recovery get the help that they need. Dennis –Public Comment Mr. 541 East Babcock stated that he is a landlord. He was a professional employee with Drug and Alcohol Services. He is prejudice to renting to recovering people. He is in support of the application. Public Comment closed Mayor Jacobson closed public comment. G. Action Items 1. Storm Water Facility Plan, opened and continued from February 25, 2008 (Murray) Bob Murray, Project Engineer Mr. Murray stated that Amanda McGuiness and James Nickelson, from Morrison-Maierele will be presenting a power point presentation regarding the Storm Water Facility Plan. Amanda McInnis- Morrison-Maierele Ms. McInnis stated that what drove the City to move forward with the Storm Water Facility Plan was the new federal discharge permit program. James Nickelson- Morrison-Maierele Mr. Nickelson spoke about how the draft plan was put together. Mapping of the system will need to be updated. Ms. McInnis Ms. McInnis urged the Commission to create a funding mechanism for storm water. 4 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Cr. Krauss Cr. Krauss spoke regarding those that have already paid for storm water facilities (drainage basins, etc.). Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to accept the Storm Water Facility Plan. It was moved by Cr. Bryson, seconded by Cr. Krauss to accept the Storm Water Facility Plan. Cr. Bryson Cr. Bryson spoke regarding the need to conduct a study to determine a nexus and proportionality for assessing impact fees for storm water. Mr. Kukulski Mr. Kukulski spoke about other cities that have impact fees. Vote to accept the Storm Water Facility Plan. Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 2. City of Bozeman Water Reclamation Facility Informal Review #I-08003 Doug Riley, Associate Planner Mr. Riley presented a power point presentation regarding the City of Bozeman Water Reclamation Facility Informal Review. Mr. Riley spoke regarding possible public agency exemptions. Staff would like the Commission to decide whether or not the new Board of Adjustment should look at the project. Mayor Jacobson Mayor Jacobson asked about the trail system in the area. Mr. Riley Mr. Riley showed the trail system that is within the application. 5 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Debbie Arkell, Director of Public Service Ms. Arkell spoke regarding adding a trail system on the north side of the river. James Nickelson, Morrison-Maierele, Inc. Mr. Nickelson stated that he is the lead engineer on the site application. Mr. Nickelson went over two of the public agency exemptions including curbing and paving. We are trying to match the existing development pattern that is in the area and existing drainage pattern. Ms. Arkell Ms. Arkell stated that it is the City’s intent to pave the parking lot but that it depends on the amount of millings that can be saved. Ms. Arkell spoke regarding the improvements on the adjacent streets including Springhill and Moss Bridge Roads. Cr. Bryson Cr. Bryson questioned the roof pitch that is proposed. Ron Brey, Assistant City Manager Mr. Brey spoke regarding exemptions. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Cr. Bryson Cr. Bryson suggested that there be a formal plan for saving up the millings to do the paving of the parking lot. He would like to see some form of a mitigation plan for the trail system. He wants to make sure that there continues to be some form of a connected trail system. He is fine with the application not going to the Board of Adjustments. In regards to the curbing, he agrees with keeping the rural character of the area. Mayor Jacobson Mayor Jacobson stated that she agrees with staff’s recommendations. She does not see a reason to send the application to the Board of Adjustment. Cr. Becker Cr. Becker stated that he would like to make sure that mitigation strategies for trails are addressed. 6 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Cr. Krauss Cr. Krauss stated that he feels the application should go to the Board of Adjustment. He does not support exemptions for the trails. He feels the pedestrian facilities along the roads should be put in. Cr. Rupp Cr. Rupp stated that we need to do something with the trail on the north side. The paving and milling of the parking lot is fine with him. He agrees that the parking lot should be available to fisherman. The Board of Adjustments is brand new and it sounds like a good project for them to start on. Mr. Epple Mr. Epple stated that he thinks the application will come back to the Commission but that he will coordinate with the City Attorney. Mr. Riley Mr. Riley stated that he will take the comments and consolidate them into a final report and move forward with the Conditional Use Permit applications. 3. Effects of Landfill Closure on Various Community Functions (Arkell) Debbie Arkell, Director of Public Service Ms. Arkell explained that the City landfill will close on June 30, 2008. The City currently provides some free services and she would like direction regarding if the Commission would like the Solid Waste division to continue to take the free items to the Logan Landfill and absorb the tipping fee and solid waste collection fee. The question is regarding what will happen with the Community events including the Sweet Pea Festival, Bite of Bozeman, Music on Main events, Christmas Stroll, Downtown Partnership Car Show, Bozeman Fireman’s Breakfast, The Optimist Garage-a- Rama, and Cleanup Bozeman Day. Cr. Krauss Cr. Krauss asked if the estimated amount of $2,000 for the service could be found in the City General Fund Budget. Mr. Kukulski Mr. Kukulski stated yes. Public Comment Mayor Jacobson opened public comment. No person commented. 7 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Mayor Jacobson closed public comment. Motion and Vote to direct staff to continue providing solid waste services including the services we provide now to certain Bozeman Community events open to the general public in the same manner as what has been done in the past and outlined in the Staff Memo, but that the cost of those be charged to the General Fund. It was moved by Cr. Krauss, seconded by Cr. Becker to direct staff to continue providing solid waste services including the services we provide now to certain Bozeman Community events open to the general public in the same manner as what has been done in the past and outlined in the Staff Memo, but that the cost of those be charged to the General Fund. Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 4. Lee James, LLC Site Plan and Certificate of Appropriateness with Deviations #Z- 08008. Brian Krueger, City Planner Mr. Krueger presented the staff presentation regarding the Lee James, LLC Site Plan and Certificate of Appropriateness with Deviations. Misty Carey, Applicant Ms. Carey stated that her and her partner purchased the property and are in the process of remodeling the property. Public Comment Mayor Jacobson opened public comment. Gayle Keider-Public Comment Ms Keider stated that the applicant is doing a beautiful job on the property. Public Comment closed. Mayor Jacobson closed public comment. Motion and Vote to approve the Lee James, LLC Site Plan and Certificate of Appropriateness application with Deviations with the Conditions and Code Provisions outlined in the Staff Report. 8 Minutes of the Bozeman City Commission, Monday, March 24, 2008 It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Lee James, LLC Site Plan and Certificate of Appropriateness application with Deviations with the Conditions and Code Provisions outlined in the Staff Report. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 5. Ordinance No. 1742, Revising Chapter 2.76, Cemetery Section 030 of the Bozeman Municipal Code to add Two At-large, Non-designated Members (Brey) Ron Brey, Assistant City Manager Mr. Brey explained that on February 4, 2008 the Commission had appointments to the Cemetery Board in front of them. The Commission directed Staff to prepare an Ordinance to add two at- large, non-designated members. Mr. Brey stated that the Ordinance retains that the majority of the board be members of the City. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to provisionally adopt Ordinance No. 1742. It was moved by Cr. Rupp, seconded by Cr. Bryson, to provisionally adopt Ordinance No. 1742. Vote to provisionally adopt Ordinance No. 1742. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 6. Burke Park Lots Purchase (Dingman) Ron Dingman, Director of Parks and Recreation Mr. Dingman presented the Staff presentation regarding the Burke Park completion. The Burke family is willing to sell the existing 1.8 acres of ground to the City to complete Burke Park. The cost of the property is $500,000 and $20,000 to Gallatin Valley Land Trust. 9 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Stephen Johnson, Executive Director of the Gallatin Valley Land Trust. Mr. Johnson explained the history of the Park. The $20,000 is to assist with the Gallatin Valley Land Trust expenses. Mr. Johnson went over GVLT’s expenses. Public Comment Mayor Jacobson opened public comment. Gary Vodehnal-Public Comment Mr. Vodehnal of 614 South 7th, stated that he works for GVLT and is the Trails coordinator. He circulated a petition when he was in college urging the Commission to purchase the Burke Park. The view is the crown jewel of the trail system. Public Comment closed Mayor Jacobson closed public comment. Mayor Jacobson Mayor Jacobson stated that the $20,000 to pay GVLT should come out of the General Fund. She suggested that maybe the $250,000 could be borrowed. Cr. Krauss Cr. Krauss stated that he will not support using the General Fund. The cash-in-lieu is tailored for this. The money to GVLT is well spent. Chris Kukulski, City Manager Mr. Kukulski presented an update regarding the reserve funds for the City. Andy Epple, Planning Director Mr. Epple explained the cash-in-lieu of parkland dedication formula. Motion to approve the purchase of Burke Park Lots for $500,000 from Park land Cash-in- lieu and $20,000 from the General Fund and authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. It was moved by Cr. Bryson, seconded by Cr. Krauss to approve the purchase of Burke Park Lots for $500,000 from Park land Cash-in-lieu and $20,000 from the General Fund and authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. Cr. Rupp Cr. Rupp acknowledged the work and vision of GVLT’s Founder. He wants to respect the board’s recommendation and is unable to support the motion. 10 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Mayor Jacobson Mayor Jacobson stated that she cannot support the motion because she does not want to wipe out the cash-in-lieu funds. Vote to approve the purchase of Burke Park Lots for $500,000 from Park land Cash-in-lieu and $20,000 from the General Fund and authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. Those voting Aye being Crs. Bryson, and Krauss. Those voting No being Crs. Becker, Rupp, and Mayor Jacobson. The motion failed 2-3. Cr. Becker Cr. Becker spoke regarding the open space funds. Mr. Johnson Mr. Johnson stated that what the Commission should focus on is a non-contingent agreement to purchase the land. Motion to purchase the Burke Park Lots for $520,000 and (friendly amendment) to authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. It was moved by Cr. Krauss, seconded by Cr. Rupp to purchase the Burke Park Lots for $520,000 and (friendly amendment) to authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. Discussion Vote to purchase the Burke Park Lots for $520,000 and (friendly amendment) to authorize the City Manager to execute the Burke Property Buy-Sell Agreement and Settlement Agreement. Those voting Aye being Crs. Krauss, Rupp, and Mayor Jacobson. Those voting No being Crs. Bryson, and Becker. The motion carried 3-2. 7. Appointment to the Tree Advisory Board (Delaney) Motion to appoint Mike Haugh to the Tree Advisory Board. It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Mike Haugh to the Tree Advisory Board. 11 Minutes of the Bozeman City Commission, Monday, March 24, 2008 Cr. Krauss Cr. Krauss questioned if Mary Ann Neilsen is still interested in applying for the board. Cr. Krauss stated that he would like to hold off on the decision until Ms. Neilsen is contacted. Motion withdrawn to appoint Mike Haugh to the Tree Advisory Board. Cr. Rupp withdrew his motion to appoint Mike Haugh to the Tree Advisory Board. H. FYI/Discussion 1. Reminder of Joint City-County Meeting, Friday, March 28, 2008, 7 a.m. Stacy Ulmen, City Clerk Ms. Ulmen explained that the meeting time has been changed to 7:30 a.m. 2. No City Commission Meeting on Monday, March 31, 2008 Ms. Ulmen reminded the Commission that there is not a meeting Monday, March 31, 2008. 3. Absence of Mayor Jacobson Mayor Jacobson asked for the Commission’s approval to be absent from the April 7, 2008 Commission Meeting. This did not seem to be a problem. 4. Joint City-Town/County Meeting, May 9, 2008 confirmation Cr. Rupp wondered if the Joint City/Town-County Meeting was set for May 9, 2008. Ulmen will confirm and send out an email to the Commission. Cr. Bryson asked that the greater representation on the Health Board be discussed at the meeting. 5. Planning Support Cr. Becker stated that the Planning Board may come to the Commission to ask for support because there is not a current budget for the 20/20 update. 6. Letter regarding the Law and Justice site. Mr. Kukulski stated that a letter went out that he has signed agreeing not to exceed $5,000, regarding the architecture firm that is doing the site development layout for the law and justice center. 7. Music on Main Mr. Kukulski spoke regarding Music on Main and that it will be a smaller venue and more controlled. I. Adjournment Mayor Jacobson adjourned the meeting. 12 Minutes of the Bozeman City Commission, Monday, March 24, 2008 13 ___________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________.