HomeMy WebLinkAbout06-13-11 Minutes, City Commissionr
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MINUTES OF THE MEETING OF THE CITY COMMISSION
June 13, 2411
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, 1.21 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)
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Minutes qy the Bozeman City Commission, June z3, 2011
4. Approve Resolution No. 4317, authorizing City Manager to sign Change Order No. 1 for
the College and 11th Roundabout (Heeston)
6. Approve Resolution No. 4319, Commitment of Special Revenue Fund Balances in
Accordance with the Governmental Accounting Standards Board (GASB) Statement 54
(LaMe/es)
6. Approve Fukui Prefectural Dinosaur Museum Day of Celebration Mayoral Proclamation
(Kissel)
7. Approve Reclaiming jurisdiction for the final approval oƒ 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 (BdstoH
O. 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 11,2O1lfor
formal consideration nf the application (Krueger)
A.l4]0 Public Comment
Mayor Krauss opened public comment onthe 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
Those votinp, Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0]5:3 5 Mayor Krauss
Mayor Krauss disclosed that he had o conflict uf interest with Consent Item No. 6. Approve
FuAkn/ Dinosaur Museum Day wfCelebration Mayoral Proclamation. He then
handed the gavel to Deputy Mayor Becker.
0:15:38 and Vote hm approve Consent Item E.6.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent Item 6.
Those votiny, Aye being Crs. Taylor, Mehl, Andrus and Depuly Major Becker.
Those recused Mayor Krauss.
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Minutes of the Bozeman City Commission, June 13, 2011
Those voting No being none.
The motion passed 4-0.
0:16:41 F. Public Comment
Mayor Kra took back the gavel and opened general public comment.
0.1.7:05 Russ Godium, Public Comnient
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 detennine 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 :5 1 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:31:17 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 Oak, 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.
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Minutes of the Bozeman City Commission, June 13, 2011
0:3732 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 RaFma 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 LarrL7 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 Br an 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 flena 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 Hqpe, 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 Delana, fuhlic 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.
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Minutes of the Bozeman City Commission, June 13, 2011
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 Parkin
Commission and based on the findings contained in the staff memorandum, findings
provided by the Parking Commission and findings articulated by the Commission durin2
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 entit
V, 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 sugerseded in its entirety by this motion; and
3) That the staff is hereby directed to proceed with a re guest for proposals process that
could authorize the sale of the Carnegie parking lot to the entily whose proposal satisfies all
legal requirements for the sale of city real ro per and whose develop
_meat ,proposal th
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Minutes of the Bozeman City Commission, dune 13, 2011
Commission determines hest fulfills the objectives of the city's 2010 Communitv 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, fz 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 parkinlz 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 citV Bozeman business or the
preservation of city of Bozeman property and that sale and development of the real
p roperty b a private entity, in compliance with adopted ci lans is in th .—
e public interest;
2 That any motion made b the Commission on May 2 2011 regarding this proper
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 re guest 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.
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Minutes of the Bozeman City Commission, June 13, 2012
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 fo
Proposal for review by the City Commission no later than MondaL Seplember 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 Re guest fo
Proposal for a hotel as a central component for review by the City Commission no later
than Monday, September 12, 2011.
Those voting Ale being Crs. Mehl A ndrus, Taylor Krauss. , 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 appr*al for the Carnegie parking lot to be paid out of the city of Bozeman's
parking enterprise fund; performed and delh an or- be ore late Se teniher.
2 Commission Discussion on the Motion
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Minutes of the Bozeman City Commission, June 13, 2011
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 Ave 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 agreetosell the Carnegie parking
lot, all proceeds from the sale of the propert
y 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 votinp, 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 RosenbeiTy, 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
201.2, and adopting the changes in financial policies contained therein. ,
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Minutes of the Bozeman City Commission, June 13, 2011
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 Thia 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 Sth. 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
p reliminary budget for Fiscal Year 2012 and adoptinlz the changes in financial olicies
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 2412 as the preliminary budget for Fiscal Year 2412,
and adopting the changes in financial policies contained therein.
Those voting Ale 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
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Minutes of the Bozeman City Commission, June 13, 2011
4:22:25 Vote on the Motion to appoint Karlina. Popwell to the Cemetery Advisory Board.
Those voting Ave being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4,22.394. 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 Impac
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 Garber g to the Zoning
CommiWan.
Those voting Aye being Crs. Alehl, Andrus, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:24:04 H. FYI/Diseussion
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.1 - n. with an Executive Session
Clerk is to get food.
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Minutes of the Bozeman City Commission, June 13, 2011
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 1. Adjournment
Mayor Krauss adjourned the meeting at 10:34 p.m.
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