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HomeMy WebLinkAboutJune 13, 2011 Minutes.pdf Page 1 of 11 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 13, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, June 13, 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 City Clerk Stacy Ulmen. * * Please refer to the audio recording of this meeting for additional detail. 0:08:37 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:03 p.m. 0:08:39 B. Pledge of Allegiance and a Moment of Silence 0:09:28 Welcome Mayor Krauss welcomed everybody to the meeting. 0:09:31 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. 0:09:39 D. Public Service Announcement – Update on Potential City Flooding (Shrauger) Fire Chief Jason Shrauger gave a PSA on the potential City flooding. 0:14:33 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign South Meadow Minor Subdivision Water and Sewer Easement and Release and Reconveyance of Easement(s) (Murray) 3. Authorize City Manager to sign 2011 Street Improvements Contract Award to Knife River, Inc. (Kerr) 6 Minutes of the Bozeman City Commission, June 13, 2011 Page 2 of 11 4. Approve Resolution No. 4317, authorizing City Manager to sign Change Order No. 1 for the College and 11th Roundabout (Heaston) 5. Approve Resolution No. 4319, Commitment of Special Revenue Fund Balances in Accordance with the Governmental Accounting Standards Board (GASB) Statement 54 (LaMeres) 6. Approve Fukui Prefectural Dinosaur Museum Day of Celebration Mayoral Proclamation (Kissel) 7. Approve Reclaiming jurisdiction for the final approval of the Santa Fe Red’s Projecting Sign Certificate of Appropriateness application, per 18.64.010 of the Bozeman Municipal Code and further set a tentative public hearing date of July 18, 2011 for formal consideration of the application (Bristor) 8. Approve Reclaiming jurisdiction for the South Towne Square Outdoor Seating and on Premise Consumption of Alcohol Conditional Use Permit application located at 2000 South 3rd Avenue and further set a tentative public hearing date of July 11, 2011 for formal consideration of the application (Krueger) 0:14:39 Public Comment Mayor Krauss opened public comment on the Consent Agenda. No person spoke. Mayor Krauss closed public comment on the Consent Agenda. 0:15:16 Motion and Vote to approve Consent Items 1-5 and 7&8. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent Items 1-5 and 7&8. Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:15:35 Mayor Krauss Mayor Krauss disclosed that he had a conflict of interest with Consent Item No. 6. Approve Fukui Prefectural Dinosaur Museum Day of Celebration Mayoral Proclamation. He then handed the gavel to Deputy Mayor Becker. 0:15:38 Motion and Vote to approve Consent Item E. 6. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent Item 6. Those voting Aye being Crs. Taylor, Mehl, Andrus and Deputy Mayor Becker. Those recused Mayor Krauss. 7 Minutes of the Bozeman City Commission, June 13, 2011 Page 3 of 11 Those voting No being none. The motion passed 4-0. 0:16:41 F. Public Comment Mayor Krauss took back the gavel and opened general public comment. 0:17:05 Russ Godium, Public Comment Mr. Godium stated that he is with a Wind Power Company from Billings. He spoke regarding LED Lighting. He spoke regarding LED Events coming up and LED lighting savings. According to him, Montana is being overcharged by the Public Service Commission. Only cities and counties can go before the Public Service Commission. He is urging Cities to go to Public Service Commission. 0:20:48 Public Comment closed Mayor Krauss closed public comment. 0:20:52 G. Action Items 0:20:52 1. Public Hearing to determine whether real property owned by the City of Bozeman located at 106 East Mendenhall Street, known as the Carnegie parking lot, is necessary for the conduct of City business or the preservation of its property and direction to staff (Fontenot) 0:21:18 Brit Fontentot, Economic Development Director Mr. Fontenot gave the staff presentation regarding the Public Hearing to determine whether real property owned by the City of Bozeman located at 106 East Mendenhall Street, known as the Carnegie parking lot, is necessary for the conduct of City business or the preservation of its property and direction to staff. 0:30:51Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:31:17 Chris Naumann, Public Comment Mr. Naumann stated that he is the Executive Director for the Downtown Bozeman Partnership. He spoke regarding the downtown improvement plan. 0:34:45 Ashley Ogle, Public Comment Ms. Ogle stated that she is with Kenyon Noble and that she is opposed to the sale of the Parking Lot. We are for a hotel downtown. The parking lot should not be sold in order to get a hotel downtown. She spoke regarding the downtown study and competitive building. 8 Minutes of the Bozeman City Commission, June 13, 2011 Page 4 of 11 0:37:32 Pam Bryan, Public Comment Ms. Bryan stated that she is the Chair Woman of the Bozeman Parking Commission. She stated that they believe that there is a better use for this lot. Location of this lot is across from the Parking Garage. Location played a part in their deliberations. She spoke regarding the Study. 0:41:19 Rayna Stewert, Public Comment Ms. Stewert stated that she is with the Ridge Athletic Club and urged that the Commission slow down the process. She spoke regarding members that have discontinued memberships due to parking in their downtown location. 0:44:53 Larry Bowman, Public Comment Mr. Bowman is the owner of Owenhouse Hardware. He stated that he is in favor of developing the lot. He is a prior Parking Commission Member. Downtown needs development. We want our downtown to be the center of Bozeman. We need downtown to be competitive. 0:47:43 Bill Bryan, Public Comment Mr. Bryan of 1220 South Tracy stated that he is in support of the motion as long as there is competitive bidding involved. He disclosed that he is related to the Parking Commission Chair person. He would love to see a boutique hotel in Bozeman. 0:51:59 Ilena Inderland, Public Comment Ms. Inderland stated that she owns the building at 101 East Main and is representing the tenants. People do not like parking in a parking garage. There are several businesses that need this lot. 0:54:45 Mike Hope, Public Comment Mr. Hope stated that he is with the F & H Building on Main Street. His building will probably encompass at least 140 employees. He spoke regarding a possible second Parking Garage. Financing is tough in hotel industry right now. Spoke regarding obtaining a Letter of Intent. 0:59:02 Chris Pope, Public Comment Mr. Pope of 1508 South Willson Avenue stated that there are complex issues around parking. The Parking Commission is committed to build the data base. Need to focus on properties going forward. The value of this is the future development. We need excellence and quality. Look very hard at this offer. 1:03:37 Mike Delaney, Public Comment Mr. Delaney spoke about importance of having a downtown hotel. With decisions, there are positive and negative with this. He owns a number of properties downtown. He spoke regarding above ground property. He does not support selling the lot. 1:08:12 Jill Bowers, Public Comment Ms. Bowers stated that she lives downtown and parks in the parking garage. She spoke regarding the benefit of having the parking garage. She spoke regarding encouraging living downtown. Current facility is being under used. 1:09:59 Public Comment Closed Mayor Krauss closed public comment. 9 Minutes of the Bozeman City Commission, June 13, 2011 Page 5 of 11 1:10:11 Commission Questions for Staff The Commission and Staff spoke regarding the downtown study being a snapshot of time, the surplus numbers in the study, activity in the current parking garage, customer base in the garage, complaints, location of a new parking garage and other possible locations to acquire for a new parking garage. 1:33:12 Motion that having conducted a public hearing, considered written and spoken public testimony, the recommendation of the Parking Commission and based on the findings contained in the staff memorandum, findings provided by the Parking Commission and findings articulated by the Commission during discussion, I hereby move: 1) That the real property known as the Carnegie parking lot (lots 17-A, 18, 19, 20, 21, and 22 of Block E of the Original Townsite of Bozeman, Montana) located at 106 East Mendenhall is no longer necessary for the conduct of city of Bozeman business or the preservation of city of Bozeman property and that sale and development of the real property by a private entity, in compliance with adopted city plans, is in the public interest; 2) That any motion made by the Commission on May 2, 2011 regarding this property or the proposed sale of is superseded in its entirety by this motion; and 3) That the staff is hereby directed to proceed with a request for proposals process that could authorize the sale of the Carnegie parking lot to the entity whose proposal satisfies all legal requirements for the sale of city real property and whose development proposal the Commission determines best fulfills the objectives of the city's 2010 Community Plan, its Economic Development Plan, and the Downtown Improvement Plan. It was moved by Cr. Becker, seconded by Cr. Mehl that having conducted a public hearing, considered written and spoken public testimony, the recommendation of the Parking Commission and based on the findings contained in the staff memorandum, findings provided by the Parking Commission and findings articulated by the Commission during discussion, I hereby move: 1) That the real property known as the Carnegie parking lot (lots 17-A, 18, 19, 20, 21, and 22 of Block E of the Original Townsite of Bozeman, Montana) located at 106 East Mendenhall is no longer necessary for the conduct of city of Bozeman business or the preservation of city of Bozeman property and that sale and development of the real property by a private entity, in compliance with adopted city plans, is in the public interest; 2) That any motion made by the Commission on May 2, 2011 regarding this property or the proposed sale of is superseded in its entirety by this motion; and 3) That the staff is hereby directed to proceed with a request for proposals process that could authorize the sale of the Carnegie parking lot to the entity whose proposal satisfies all legal requirements for the sale of city real property and whose development proposal the 10 Minutes of the Bozeman City Commission, June 13, 2011 Page 6 of 11 Commission determines best fulfills the objectives of the city's 2010 Community Plan, its Economic Development Plan, and the Downtown Improvement Plan. 1:34:51 Commission Discussion on the Motion Discussion took place regarding investing in downtown, attracting uses downtown, acknowledgement of the comments received, encouraging request for proposals, free 2 hour parking encouragement, the downtown plans, lack of current hotel needs downtown, this being a community issue, keeping downtown a focal point, the need to get people used to the idea of using the parking garage, the need for keeping the parking lot, recognizing where we currently are, other opportunities, the construction of the parking garage and taking pride in downtown. 2:08:50 Vote on the Motion that having conducted a public hearing, considered written and spoken public testimony, the recommendation of the Parking Commission and based on the findings contained in the staff memorandum, findings provided by the Parking Commission and findings articulated by the Commission during discussion, I hereby move: 1) That the real property known as the Carnegie parking lot (lots 17-A, 18, 19, 20, 21, and 22 of Block E of the Original Townsite of Bozeman, Montana) located at 106 East Mendenhall is no longer necessary for the conduct of city of Bozeman business or the preservation of city of Bozeman property and that sale and development of the real property by a private entity, in compliance with adopted city plans, is in the public interest; 2) That any motion made by the Commission on May 2, 2011 regarding this property or the proposed sale of is superseded in its entirety by this motion; and 3) That the staff is hereby directed to proceed with a request for proposals process that could authorize the sale of the Carnegie parking lot to the entity whose proposal satisfies all legal requirements for the sale of city real property and whose development proposal the Commission determines best fulfills the objectives of the city's 2010 Community Plan, its Economic Development Plan, and the Downtown Improvement Plan. Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:09:48 Break Mayor Krauss declared a break. 2:21:27 Called back to order Mayor Krauss called the meeting back to order. 2:21:49 Mr. Fontenot Mr. Fontenot continued the staff presentation. 2:26:24 Commission Questions for Staff Discussion took place regarding the Request for Proposals and the timeline and scope of the project and the committee makeup. 11 Minutes of the Bozeman City Commission, June 13, 2011 Page 7 of 11 2:33:36 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:34:10 Motion to direct staff to draft a Request for Proposal for review by the City Commission no later than Monday, September 12, 2011. It was moved by Cr. Mehl, seconded by Cr. Andrus to direct staff to draft a Request for Proposal for review by the City Commission no later than Monday, September 12, 2011. 2:34:32 Discussion on the Motion Cr. Mehl stated that he would like to see the motion amended to include that the RFP is for a hotel as a central component. Cr. Andrus agreed with the addition. 2:45:07 Motion restated and voted upon with friendly amendment to direct staff to draft a Request for Proposal for a hotel as a central component for review by the City Commission no later than Monday, September 12, 2011. It was moved by Cr. Mehl, seconded by Cr. Andrus to direct staff to draft a Request for Proposal for a hotel as a central component for review by the City Commission no later than Monday, September 12, 2011. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passe 5-0. 2:45:44 Motion to direct staff to obtain a certified real estate appraisal for the Carnegie parking lot to be paid out of the city of Bozeman's parking enterprise fund. It was moved by Cr. Mehl, seconded by Cr. Andrus to direct staff to obtain a certified real estate appraisal for the Carnegie parking lot to be paid out of the city of Bozeman's parking enterprise fund. 2:46:09 Commission Discussion on the Motion The Commission discussed the timing of the appraisal in conjunction with the RFP. 2:52:04 Motion restated to direct staff to obtain a certified real estate appraisal for the Carnegie parking lot to be paid out of the city of Bozeman's parking enterprise fund; performed and delivered on or before late September. It was moved by Cr. Mehl, seconded by Cr. Andrus to direct staff to obtain a certified real estate appraisal for the Carnegie parking lot to be paid out of the city of Bozeman's parking enterprise fund; performed and delivered on or before late September. 2:52:49 Commission Discussion on the Motion 12 Minutes of the Bozeman City Commission, June 13, 2011 Page 8 of 11 2:53:22 Vote on the Motion to direct staff to obtain a certified real estate appraisal for the Carnegie parking lot to be paid out of the city of Bozeman's parking enterprise fund; performed and delivered on or before late September. Those voting Aye being Crs. Mehl, Andrus, Taylor and Becker. Those voting No being Mayor Krauss. The motion passed 4-1. 2:53:41 Motion that should the Commission approve a submitted sale and development proposal and eventually agree to sell the Carnegie parking lot, all proceeds from the sale of the property be deposited with the city of Bozeman's parking enterprise fund for the purposes of enhancing parking opportunities in downtown Bozeman. It was moved by Cr. Mehl, seconded by Cr. Andrus that should the Commission approve a submitted sale and development proposal and eventually agree to sell the Carnegie parking lot, all proceeds from the sale of the property be deposited with the city of Bozeman's parking enterprise fund for the purposes of (administering taken out) enhancing parking opportunities in downtown Bozeman. 2:54:10 Discussion on the Motion 2:54:32 Vote on the Motion that should the Commission approve a submitted sale and development proposal and eventually agree to sell the Carnegie parking lot, all proceeds from the sale of the property be deposited with the city of Bozeman's parking enterprise fund for the purposes of enhancing parking opportunities in downtown Bozeman. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:54:59 Commission Discussion Commission discussion took place regarding the role of the committee. The Commission agreed that the City Manager will appoint the committee. The Commission also spoke regarding drafting the RFP. 3:12:17 2. Resolution No. 4318, Adopting the City Manager's Recommended Budget for Fiscal Year 2012 as the preliminary budget for Fiscal Year 2012, and adopting the changes in financial policies contained therein (Rosenberry) 3:12:24 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Resolution No. 4318, Adopting the City Manager's Recommended Budget for Fiscal Year 2012 as the preliminary budget for Fiscal Year 2012, and adopting the changes in financial policies contained therein. 13 Minutes of the Bozeman City Commission, June 13, 2011 Page 9 of 11 3:18:22 Commission Questions for Staff The Commission spoke regarding committed funds, assigned and unassigned funds. Discussion took place regarding construction timelines. Discussion took place regarding the levies and special assessments and special districts. 3:45:22 Public Comment Mayor Krauss opened public comment. 3:45:45 Tina Ovnic, Public Comment Ms. Ovnic of 310 South 8th stated that she is representing her neighbors and that there are concerns regarding assessments and South 8th. Mayor Krauss and Staff answered the questions that were presented by Ms. Ovnic. 3:50:32 Public Comment closed Mayor Krauss closed public comment. 4:00:13 Rules suspended Mayor Krauss suspended the rules 10 minutes. 4:13:15 Motion to approve Resolution No. 4318, Adopting the City Manager's Recommended Budget for Fiscal Year 2012 as the preliminary budget for Fiscal Year 2012, and adopting the changes in financial policies contained therein. It was moved by Cr. Andrus seconded by Cr. Taylor to approve Resolution No. 4318, Adopting the City Manager's Recommended Budget for Fiscal Year 2012 as the preliminary budget for Fiscal Year 2012, and adopting the changes in financial policies contained therein. 4:14:05 Commission Discussion on the Motion The Commission discussed FTE's and the costs related to Bogert Pool. They also discussed the police and fire levy and the funding of the Police Department, and emphasized that this is a preliminary budget. 4:20:26 Vote on the Motion to approve Resolution No. 4318, Adopting the City Manager's Recommended Budget for Fiscal Year 2012 as the preliminary budget for Fiscal Year 2012, and adopting the changes in financial policies contained therein. Those voting Aye being Crs. Andrus, Taylor and Mehl. Those voting No being Cr. Becker and Mayor Krauss. The motion passed 3-2. 4:20:44 3. Appointment to the Cemetery Advisory Board (Kissel) 4:21:12 Motion to appoint Karlina Popwell to the Cemetery Advisory Board. It was moved by Cr. Taylor, seconded by Cr, to appoint Karlina Popwell to the Cemetery Advisory Board. 4:21:36 Discussion on the Motion 14 Minutes of the Bozeman City Commission, June 13, 2011 Page 10 of 11 4:22:25 Vote on the Motion to appoint Karlina Popwell to the Cemetery Advisory Board. Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:22:39 4. Appointment to the Impact Fee Advisory Board (Kissel) 4:23:05 Motion and Vote to appoint Rob Evans to the Impact Fee Advisory Committee. It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Rob Evans to the Impact Fee Advisory Committee. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:23:16 5. Appointment to the Senior Citizens' Advisory Board (Kissel) 4:23:20 Motion and Vote to appoint Susan Smith to the Senior Citizens' Advisory Board. It was moved by Cr. Becker, seconded by Cr. Mehl to appoint Susan Smith to the Senior Citizens' Advisory Board. Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:23:38 6. Appointment to the Zoning Commission (Kissel) 4:23:41 Motion and Vote to appoint Erik Garberg to the Zoning Commission. It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Erik Garberg to the Zoning Commission. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 4:24:04 H. FYI/Discussion 4:24:08 1. Procurement Policy and Insurance Requirements Cr. Mehl would like a copy of this. 4:26:02 2. Meeting next week begins at 5:30 p.m. with an Executive Session Clerk is to get food. 15 Minutes of the Bozeman City Commission, June 13, 2011 Page 11 of 11 4:26:48 3. Reclaiming Review Authority Cr. Taylor stated that this should be discussed. He wants to review this procedure. For Mayor Krauss it is about "do we need a Board of Adjustment"? This should be included in a Policy Session. 4:30:41 4. Cleveland Street Mr. Kukulski wondered if 6th and Cleveland should be opened up as an access due to construction. We could test how it would operate. The Commission would need to take a look at testing it out. It was in a prior motion to close it so it would take Commission discussion to re- open it. 4:33:56 I. Adjournment Mayor Krauss adjourned the meeting at 10:34 p.m. ____________________________________ Jeff Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 16