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HomeMy WebLinkAboutApril 18, 2011 Minutes.pdf 1 of 13 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 18, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 18, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. These minutes are not word for word and should be considered along with the audio recording. 0:00:34 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:38 B. Pledge of Allegiance and a Moment of Silence 0:01:21 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski said there were no changes to the agenda. 0:01:38 D. Minutes - March 7, 2011 0:01:41 Motion and Vote to approve the minutes of March 7, 2011. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes of March 7, 2011. Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:01:59 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Award of Bid to Associated Pool Builders for Replacement of the filter system at Bogert Pool (McCarthy) 3. Ratify Buttrey's Solvent Site Cost Recovery Payment of $6,299.46 (Cooper) 4. Approve the Building Division Monthly Report for March 2011 (Risk) 17 Minutes of the City Commission, April 18, 2011 2 of 13 0:02:01 Public comment on consent. Mayor Krauss opened public comment on consent items. Seeing no public comment, Mayor Krauss closed public comment. 0:02:27 Motion to approve consent items E. 1-4 as listed. It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items E. 1-4 as listed. 0:02:38 Cr. Mehl Cr. Mehl thanked staff on their work with the swim center pool filter notice of award. 0:02:53 Mayor Krauss announced he would be voting no on consent because of item #4. 0:03:02 Vote on the motion to approve consent items E. 1-4 as listed. Those voting Aye being Crs. Andrus, Becker, Taylor, and Mehl. Those voting No being Mayor Krauss. The motion passed 4-1. 0:03:18 F. Public Comment Mayor Krauss opened general public comment. Seeing none, he closed public comment. 0:04:21 G. Special Presentation - Warming Hut Report (Human Resource Development Council) 0:04:43 Ron Brey, Volunteer with the Warming Center Committee, Greater Gallatin Homeless Action Coalition Mr. Brey provided a presentation and handouts on the success of the warming center. 0:15:09 Cr. Mehl Cr. Mehl thanked the community for stepping up for the warming center and HRDC for their leadership. 0:15:21 Commission questions for presenter. 0:18:49 Heather Grenier, Human Resource Development Council Ms. Grenier answered questions regarding normal funding routes homeless shelters in other cities use. 0:21:06 H. Action Items 0:21:30 1. Appointments to the Bozeman Area Bicycle Advisory Board (Kissel) 0:21:35 Public Comment Mayor Krauss opened public comment. Seeing none, he closed public comment. 18 Minutes of the City Commission, April 18, 2011 3 of 13 0:21:42 Cr. Taylor Cr. Taylor recused himself from this item as one of the applicants is his sister-in-law. 0:22:16 Motion and Vote to appoint Anne Thompson to be the County representative and Sarah Compton to be the at-large representative. It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Anne Thompson to be the County representative and Sarah Compton to be the at-large representative. Those voting Aye being Crs. Mehl, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:23:01 2. Appointment to the Recreation and Parks Advisory Board (Kissel) 0:23:07 Public Comment Mayor Krauss opened public comment on this item. No person commented. Mayor Krauss closed public comment. 0:23:13 Motion and Vote to appoint Jesse Ruth Tufte to the Recreation and Parks Advisory Board. It was moved by Cr. Becker, seconded by Cr. Taylor to appoint Jesse Ruth Tufte to the Recreation and Parks Advisory Board. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:23:43 3. Bozeman Area Bicycle Advisory Board (BABAB) and Pedestrian and Traffic Safety Committee (PTSS) Discussion with the Commission (Van Delinder) 0:23:49 Mayor Krauss introduced the discussion at hand. 0:24:35 Ralph Zimmer, Chair of the Bozeman Pedestrian and Traffic Safety Committee Mr. Zimmer introduced himself and the other members of the Committee in attendance. These included Gary Vodehnal, vice-chair, Frank Monseau and Sam Miller. He then explained that only several appointments to this Committee are made by the City Commission as this is a joint Committee. Mr. Zimmer provided a listing of his major concerns. These included construction, maintenance and gaps in sidewalks, moving ahead with Safe Routes to School projects, Bike- Pedestrian Coordinator or short term alternatives and discouraging distracted driving. 0:28:23 Bill Cochran, Chair of the Bozeman Area Bicycle Advisory Board Mr. Cochran introduced himself and then introduced the board members in attendance. These 19 Minutes of the City Commission, April 18, 2011 4 of 13 included Jason Delmue, Sarah Compton, Sam Haroldson, Audrey Kalinowski, Nonnie Thompson, Elizabeth Williamson and Rebecca Gleason. The major concerns the bike board has moving forward are continuing to fill in gaps in bike lane facilities; insuring new construction has bike/pedestrian facilities, implementation of the Safe Routes To School projects, getting a Bike-Pedestrian Coordinator, and the distracted driving issue. 0:29:38 Mayor Krauss Mayor Krauss began questions asking for the name of the next street BABAB would like to be striped, prompting discussion between board members and the Commission. 0:38:04 Ms. Gleason, Bike Board Ms. Gleason stated several areas the Bike Board would like to see addressed. Among these were seeing the North Seventh Bridge that will soon be replaced by MDT with up to date bike/pedestrian facilities, improvements to the airport interchange, Highland Boulevard crossings for trails/pedestrian users, and improvements to the South 19th crossing from Marsh Labs to campus which is impossible for a handicapped person to navigate. Ms. Gleason also said the board will look at the Transportation Plan which has identified needs and begin prioritizing. 0:40:06 Discussion took place regarding a bike / pedestrian coordinator and related topics. 0:50:30 Gary Vodehnal, Pedestrian and Traffic Safety Committee Mr. Vodehnal provided a handout regarding how some of the larger Montana cities have and fund a bike / pedestrian coordinator and began discussion on a coordinator, the sidewalk gaps in Bozeman and the Safe Routes to School projects that need completed. 0:57:44 Cr. Andrus continued the discussion stating that the Parking Commission is looking at places downtown where bike racks will be placed. 0:58:24 Mayor Krauss Mayor Krauss spoke regarding the accomplishments the City has made towards bicycle and pedestrian infrastructure and then continued the discussion regarding what is now needed and the funding that is normally used for these projects. 1:03:22 Frank Monseau, Pedestrian & Traffic Safety Committee Mr. Monseau spoke further regarding the concerns of the Pedestrian and Traffic Safety Committee including a list of specific locations that need sidewalks. 1:07:12 Mayor Krauss Mayor Krauss followed up on Mr. Monseau's statements regarding cell phone use while driving, prompting further discussion on the subject. 1:09:59Mayor Krauss Mayor Krauss spoke regarding the need for the Committee and Board to also discuss these issues with the County. 20 Minutes of the City Commission, April 18, 2011 5 of 13 1:19:02 Ron Price, Chief of Police Police Chief Ron Price reported that the police department began keeping track of data on February 1st from witness testimony, admissions and statements from drivers focused primarily on cell phone use during an accident. He provided a review of this data. Mr. Price also reported information he had gleaned from sister cities who are dealing with these issues. 1:22:31 Continued discussion regarding cell phone use while driving. 1:24:36 Discussion about funding of a bike / pedestrian coordinator was prompted by Commissioner Andrus. 1:28:24 Ralph Zimmer, Pedestrian and Traffic Safety Committee Mr. Zimmer suggested that 'coffee talks' occur with knowledgeable representatives of engineering, planning, etc. to allow some of these bicycle / pedestrian issues to surface. The PTSC and BABAB would be invited to these informal talks. 1:35:49 Mayor Krauss Mayor Krauss spoke regarding pedestrian and bicyclist problems at the intersection of South Seventh and Kagy. 1:43:41 Cr. Taylor Carson Taylor said he would speak with a few people in the school district to lobby for a person to be involved in the vacant seat for a School District representative on the Committee. 1:48:20 Elizabeth Williamson, Bike to Work Week Ms. Williamson announced that BABAB is sponsoring "Bike Week' the third week of May from May 12 to 21. 1:49:25 Break 2:08:31 Back from Break 2:08:37 4. Agreement with the Friends of the Story, Inc. (Kukulski) 2:08:49 Chris Kukulski, City Manager Mr. Kukulski provided a brief background on this item. 2:16:09 Cr. Taylor Cr. Taylor read the following disclosure statement into the record; "I've been a long time supporter of historic preservation and the historic preservation of the historic mansion as has been my spouse Dede. She has been quite active in the area of historic preservation and was on the city's Historic preservation board for many years. More recently she has been one of the original board members of the Friends of the Story. In September of 2010 after a larger and more permanent board was established, she resigned from the board. She did so to allow herself more time to pursue her career as an art historian at Montana State University and to limit the lending 21 Minutes of the City Commission, April 18, 2011 6 of 13 of her skills to the Story Mansion. Therefore she has no decision making authority or voting ability regarding the policy and decision making of the Friends of the Story and she has not had such since September, 2010. At present she has been appointed to the advisory board of the friends, which has the function of advising the current board from time to time. I am not aware that there has ever been an advisory board meeting, but I think advisory board members have occasionally been asked to attend board meetings. She has organized events for the friends and presently gives tours of the Mansion to the public. Neither of us have a financial interest in the outcome of the discussion regarding the Mansion. On several occasions I have discussed with the city attorney whether or not there is anything in my relationship with the Story Mansion that amounts to a conflict of interest and he has indicated there is not. We did decide a full disclosure is in the best interest of transparency in government and it is for that reason I have taken your time to make the above statement. 2:18:34 The Commission began questions for staff. 2:24:35 Andy Epple, Chairman of the Friends of the Story Board of Directors Mr. Epple thanked staff for working on the memorandum of agreement with the Friends of the Story and provided the applicant presentation on behalf of the Friends of the Story. Mr. Epple requested that section six be revised and explained why. This change would change the time period mentioned in section six from a fiscal year to calendar year. 2:27:41 Mayor Krauss invited those with proposals to present to the Commission. 2:28:02 Gordon (Corky) Brittan, Director of Development for Exergy Integrated Systems a Montana Company Mr. Brittan provided context for what will be an offer for Exergy to buy the Story Mansion. 2:36:03 Mike Elliott, Thrive Mr. Elliott spoke regarding the letter of interest local non-profit Thrive has put forward to the City and the Commission and provided an overview of their preliminary plan. 2:39:09 Debra Neumann, Thrive Ms. Neumann spoke on behalf of Thrive explaining that having a building has been one of Thrive's long range goals and they have ideas for an overall community space in the Carriage House. 2:40:19 Cr. Taylor asked questions of applicants. 2:43:38 Public Comment Mayor Krauss opened public comment. 2:44:19 Bob Chase, Public Comment Mr. Chase of 433 South Black said he would like the City to recoup all the money invested in the 22 Minutes of the City Commission, April 18, 2011 7 of 13 Story Mansion and have a clear transfer of title from the City. Mr. Chase philosophized about what Story Nelson would have done. 2:47:23 Public Comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 2:47:28 The Commission began discussion on this item. 3:30:25 Motion to authorize the City Manager to sign an agreement with the Friends of the Story. It was moved by Cr. Andrus, seconded by Cr. Becker to authorize the City Manager to sign an agreement with the Friends of the Story. 3:30:39 Amendment to the Main motion to change section 6 from fiscal year to calendar year. It was moved by Cr. Becker, seconded by Cr. Taylor to amend the main motion to change section 6 from fiscal year to calendar year. 3:30:51 Vote on the amendment to the main motion to change section 6 from fiscal year to calendar year. Those voting Aye being Crs. Becker, Taylor, Mehl and Andrus. Those voting No being Mayor Krauss. The amendment to the main motion passed 4-1. 3:32:13 Andy Epple, Chairman of the Friends of the Story Board of Directors Mr. Epple said the memorandum of agreement becomes a mute point if the city goes forward with entertaining other proposals. Mr. Epple suggested the city proceed with an expedited process with criteria for proposals. 3:37:45 Motion to amend the main motion that the time period of authorization for the city manager to sign the MOA be any time between now and Sept. 1, 2011. It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion that the time period of authorization for the city manager to sign the MOA be any time between now and Sept. 1, 2011. 3:38:20 Discussion on the amendment to the motion. 3:39:14 Vote on the amendment to the main motion that the time period of authorization for the city manager to sign the MOA be any time between now and Sept. 1, 2011. 23 Minutes of the City Commission, April 18, 2011 8 of 13 Those voting Aye being Crs. Taylor, Andrus and Becker. Those voting No being Cr. Mehl and Mayor Krauss. The amendment to the main motion passed 3-2. 3:39:34 Amendment to the main motion on page 4 of 6 (first paragraph, section 6) to delete up to a maximum of 5000 in any given 12 month period. It was moved by Cr. Taylor, seconded by Cr. Mehl to amend the main motion to change, on page 4 of 6 (first paragraph, section 6) of the MOA to delete up to a maximum of 5000 in any given 12 month period. Those voting Aye being Crs. Taylor, Mehl and Andrus. Those voting No being Cr. Becker and Mayor Krauss. The amendment to the main motion passed 3-2. 3:41:14 Vote on the motion to authorize the City Manager to sign an agreement with the Friends of the Story with the amendment to change section 6 from fiscal year to calendar year and amendment that the time period of authorization for the city manager to sign the MOA be any time between now and Sept. 1, 2011 and amendment on page 4 of 6 (first paragraph, section 6) to delete up to a maximum of 5000 in any given 12 month period. Those voting Aye being Crs. Andrus and Taylor. Those voting No being Cr. Becker, Mehl and Mayor Krauss. The motion failed 2-3. 3:41:34 Discussion regarding potential proposals. 3:48:19 Motion to direct staff to return to the Commission in a brief period of time (within 2 weeks) the specific elements we expect to be addressed in a proposal to be returned to the Commission in no later than 90 days (from today) for final decision. It was moved by Cr. Becker, seconded by Taylor to direct staff to return to the Commission in a brief period of time (within 2 weeks) the specific elements we expect to be addressed in a proposal to be returned to the Commission in no later than 90 days (from today) for final decision. 3:50:02 Gordon Brittan, Exergy Mr. Brittan spoke to the issues related to non-profit versus profit status. 3:51:33 Greg Sullivan, City Attorney Mr. Sullivan clarified that if the proposal does come from a for profit organization, then the appraisal requirement comes in. 24 Minutes of the City Commission, April 18, 2011 9 of 13 3:52:19 Rules of procedure suspended for twenty minutes. Mayor Krauss suspended the rules of procedure for twenty minutes to allow the meeting to extend past ten p.m. 3:53:02 Motion repeated. Ms. Kissel repeated the motion on the table per request from the Commissioners. 3:53:18 Mayor Krauss handed the gavel to Deputy Mayor Becker. 3:53:31 Amendment to the main motion to add before Cr. Becker's motion; "Investigate the transfer of property to other entities including the two entities that have preliminarily proposed tonight." It was moved by Cr. Krauss, seconded by Cr. Mehl to amend the main motion to add before Cr. Becker's motion; "Investigate the transfer of the property to other entities including the two entities that have preliminarily proposed tonight". 3:55:14 Discussion on the amendment to the main motion. 3:56:56 Mr. Sullivan clarified how the process will work after the proposals are received in 90 days. 3:57:56 Vote on the amendment to the main motion to add before Cr. Becker's motion; "Investigate the transfer of property to other entities including the two entities that have preliminarily proposed tonight.” Those voting Aye being Crs. Krauss, Taylor, Mehl, Andrus and Deputy Mayor Becker. Those voting No being none. The amendment to the main motion passed 5-0. 3:58:23 Vote on the main motion as amended to investigate the transfer of property to other entities including the two entities that have preliminarily proposed tonight and direct staff to return to the Commission in a brief period of time (within 2 weeks) the specific elements we expect to be addressed in a proposal to be returned to the Commission in no later than 90 days (from today) for final decision. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:58:33 Mayor Krauss took the gavel back from Deputy Mayor Becker. 3:58:58 Andy Epple, Chairman of the Friends of the Story Board of Directors Mr. Epple asked the City Commission to reconsider the motion on the memorandum of 25 Minutes of the City Commission, April 18, 2011 10 of 13 agreement saying he had been rash in saying the Friends would not sign the agreement as that would be a board decision. 4:01:11 Motion and Vote to reconsider the motion (regarding the memorandum of agreement). It was moved by Cr. Mehl, seconded by Cr. Andrus to reconsider the motion (regarding the memorandum of agreement). Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:01:49 Motion to vote on the previous motion to approve the MOA as amended, "to authorize the City Manager to sign an agreement with the Friends of the Story with the amendment to change section 6 from fiscal year to calendar year and amendment that the time period of authorization for the City Manager to sign the Memorandum of Agreement be any time between now and Sept. 1, 2011 and with the amendment on page 4 of 6 (first paragraph, section 6) to delete up to a maximum of 5000 in any given 12 month period.” Those voting Aye being Crs. Mehl, Andrus and Taylor. Those voting No being Cr. Becker and Mayor Krauss. The motion passed 3-2. 4:02:16 Gordon Brittan, Exergy Mr. Brittan asked for clarification regarding the Commission’s actions. 4:02:34 Mayor Krauss Mayor Krauss clarified that the motions allow the city to enter into a contract for the Friends of the Story to operate while we are still entertaining proposals from Exergy, Thrive, or another interested party within 90 days. The criteria for proposals will be available within two weeks. 4:04:31Gordan Brittan, Exergy Mr. Brittan asked the Commissioners for further clarification. 4:05:09 The Commission further clarified their actions and understanding on the motions just passed. 4:06:48 Motion and Vote to require the City Manager to invite Thrive and Exergy to propose and to make clear that nothing in the agreement with the Friends of the Story interferes with their proposal. It was moved by Cr. Becker, seconded by Cr. Taylor to require the City Manager to invite Thrive and Exergy to propose and to make clear that nothing in the agreement with the Friends of the Story interferes with their proposal. 26 Minutes of the City Commission, April 18, 2011 11 of 13 Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:07:29 5. Resolution No. 4312, Revision of Story Mansion Rental and Deposit Fees 4:07:39 Ron Dingman, Director of Parks and Recreation Mr. Dingman gave the staff presentation on this item. 4:10:37 The Commission asked questions of staff. 4:14:05 Public Comment Mayor Krauss opened public comment. 4:14:15 Andy Epple, Chairman of Friends of the Story Board of Directors Mr. Epple said the Friend of the Story are appreciative that staff has reworked the schedule. They are eager to see the revised rates so they can generate some rental revenues for the facility. The Friends of the Story support the fee resolution. 4:14:55 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 4:15:07 Motion to approve Resolution No. 4312, revising the Story Mansion rental and deposit fees. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Resolution No. 4312, revising the Story Mansion rental and deposit fees. 4:16:14 Amendment and Vote on the motion to include under rental times, holiday rates applying on the following holidays to include (MSU) Graduation, Easter and Thanksgiving. It was moved by Cr. Andrus, seconded by Cr. Becker to include under rental times, holiday rates applying on the following holidays to include (MSU) Graduation, Easter and Thanksgiving. Those voting Aye being Crs. Andrus, Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The amendment to the main motion passed 5-0. 4:17:08 Rules of procedure suspended for another fifteen minutes. Mayor Krauss suspended the rules of procedure for another fifteen minutes to allow the meeting to continue. 4:17:11 Amendment to the main motion and Vote that the main clean up deposit will remain $400 for all other rooms, but reduce the cleaning deposit to $100 for the Library. 27 Minutes of the City Commission, April 18, 2011 12 of 13 It was moved by Cr. Mehl, seconded by Cr. Andrus to amend the main motion that the clean up deposit will remain $400. for all other rooms, but reduce the cleaning deposit to $100. for the Library. Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:18:56 Amendment to the main motion to strike the two hour minimum on the library. It was moved by Cr. Becker, seconded by Cr. Taylor to amend the main motion to strike the two hour minimum on the Library. 4:19:41 Chuck Winn, Assistant City Manager Mr. Winn clarified the intent of time requirements for the library. 4:21:23 Vote on the amendment to the main motion to strike the two hour minimum on the library. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:21:46 Vote on the main motion as amended to approve Resolution No. 4312, revising the Story Mansion rental and deposit fees and to include under rental times, holiday rates applying on the following holidays to include (MSU) Graduation, Easter and Thanksgiving and that the main clean up deposit will remain $400 but reduce the cleaning deposit to $100 for the Library and to strike the two hour minimum on the Library. Those voting Aye being Crs. Taylor, Mehl, Andrus and Becker. Those voting No being Mayor Krauss. The motion passed 5-0. 4:22:36 FYI / Discussion 4:22:39 1. Earth Week Events Brit Fontenot thanked the Commission for those that participated in the cleanup day event. He said the Run for the Earth Day went well and there are more events scheduled throughout the week for Earth Week. 4:23:22 2. Vacancy on the Economic Development Council Mr. Fontenot announced there is a vacancy on the Economic Development Council due to term expiration. 28 Minutes of the City Commission, April 18, 2011 13 of 13 4:24:05 3. Monthly vs. Quarterly Building Reports Cr. Mehl asked the other Commissioners if they were willing to receive a building report quarterly rather than monthly. The other Commissioners did not agree and would still prefer receiving the report monthly. 4:25:02 4. Rouse Avenue will be closed at the I-90 bridge for two weeks. Debbie Arkell, Public Works Director announced that Rouse Avenue will be closed at the I-90 bridge for two weeks from April 24th to May 6th. There is a public meeting on Wednesday at 1 p.m. the Microtell Motel/Hotel. 4:25:34 5. Left turn arrows at Kagy and Eleventh. Debbie Arkell, Public Works Director announced there is now a left turn arrows have been installed on the signal at Kagy and Eleventh for east bound traffic on Kagy to turn north onto Eleventh. This should help congestion there. 4:26:13 6. Lighting Work on Willson Ave. Chuck Winn, Assistant City Manager says the work being done on Willson Ave. is in preparation of the street lights being replaced this summer. 4:26:42 J. Adjournment Mayor Krauss adjourned the meeting at 10:35 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: _____________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 29