HomeMy WebLinkAbout08-01-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 1, 2011
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, July 25, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, 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,
0:13:34 A. Call to Order — 6 p.m. — Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order.
0:13:35 B. Pledge of Allegiance and a Moment of Silence
0:14:19 Welcome
Mayor Krauss welcomed everyone to the Commission Meeting
0:14:36 C. Changes to the Agenda
Mayor Krauss asked if there were any changes to the Agenda. City Manager Chris Kukulski
stated that the Special Presentations this evening are public hearings.
0 :15:20 D. Authorize Absence of Commissioner Becker I
0 :15 :24 Motion and Vote to authorize the absence of Commissioner Becker.
It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the absence of
Commissioner Becker.
Those votiny, A-ye. being Crs. Mehl, Andrus, Taylor and Ma or Krauss.
Those votin2 No being none.
The motion passed 4-0.
0:15:34 E. Minutes — June 13, 2011 and Executive session minutes of June 27, 2011
0:15:39 Motion and Vote to approve the Minutes from June 13, 2011 and Executive session
minutes of June 27, 2011
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Minutes of the Bozeman City Commission Meeting, August 1, 2011
It was moved by Cr. Andrus, seconded by Cr. Taylor to aj2prove the Minutes from June
13, 201 and Executive session minutes of June 27, 201
Those voting Aye being Crs. Andrus, Taylor, Mehl and Major Krauss.
Those voting No being none.
The motion passed 4-0.
1. Authorize Payment of Accounts Payable Claims (LaK4eres)
2. Accept this periodic staff report concerning the current state of the community water
fluoridation of the City's public water supply and distribution system and further direct
staff to continue water fluoridation practices as outlined in this report (Heaston)
1 Appoint Commissioner Becker and Commissioner Taylor to review Depository Bonds
and Pledged Securities asof June 3C\2011(C|ark)
4. Approve Resolution No. 4330, authorizing City Manager to sign Change Order No. 3 for
the College / Huffine Community Transportation Enhancement Program Pathway
project (Johnson)
5. Finally Adopt Ordinance No. 1813, Implementing prior action on Zone Map Amendment
Z-1009, establishing Zoning ofR-1 with Annexation of the @ramdner Property (Ske|ton)
6. Finally Adopt Ordinance No. 1824, amending Chapter 17.O3 Workforce Housing,
deferring the applicability of the program for one year /McHarg1
0: 16:07 Public Comment
Mayor Krauss opened public comment outhe Consent
Y4V person commented.
Mayor Krauss closed public comment,
0: 16:19 to approve Consent items F. 1 listed above.
It was moved by Cr. Tgylor, seconded by Cr. Mebl to approve Consent items F. 1-6 as
listed above.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Major Krauss.
Those voting Nobeing none.
The motion passed 4-0.
0:16:37 G. Public Comment
Mayor Krauss opened general n�ubbcommont.
0: 17:19
Ms. Coddington of]609Alder Court stated that she is applying for position on Desi Review
Board. She spoke regarding her expertise in the position.
0]8:50 Public CnmuneDt closed
Mayor Krauss closed public comment.
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Minutes of the Bozeman City Commission Meeting, August 1, 2011
0:18:58 H. Special Presentations
Items I and 2 were added to the Action Items by the Mayor
0:19:013. Gallatin Business Resource Network (John McGlenn)
Mr. McGlenn stated that he is a student from Montana State University. lie wanted to get more
involved with the City of Bozeman and so he assisted with this program. He spoke regarding the
development of the Gallatin Business Resource Network. He showed online how the program
Oinks work. This program consolidates resources in the Gallatin Valley into one area.
0:27:20 I. Action Items
0:27:28 1. Downtown Business Improvement District (BID) 2011 Annual Report and
2012 Work Plan and Budget (Chris Naumann, Downtown Bozeman Partnership)
0:27:38 Chris Naumann, Executive Director of the Downtown Business Partnership and
Business Improvement District
Mr. Naumann gave a presentation on the Downtown Business Improvement District (BID) 2011
Annual Report and 2012 Work Plan and Budget.
0:36:49 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:37:39 2. Downtown Tax Increment Finance (TIF) 2011 Annual Report and 2012 Work
Plan and Budget (Chris Naumann, Downtown Bozeman Partnership)
0 :38:33 Chris Naumann, Executive Director of the Downtown Business Partnership and
Business Improvement District
Mr. Naumann gave the presentation regarding the Downtown Tax Increment Finance (TIF) 2011
Annual Report and 2012 Work Plan and Budget.
0:56:18 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:56:44 1. Sale of the Story Mansion to Exergy Friends of the Story Mansion
(Kukulski)
0:56:59 Mr. Kukulski
Mr. Kukulski gave the staff presentation regarding the Sale of the Story Mansion to Exergy
Friends of the Story Mansion. Mr. Kukulski spoke regarding the Request For Proposals (RFP)
that was advertised and some off the history related. He spoke regarding the language included in
the RFP. One proposal was received. He spoke regarding his recommendation and his desire to
begin the process. He spoke regarding the amount of money that has been invested into the Story
Mansion. There are still millions of dollars to be invested into the Mansion.
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Minutes of the BoZeMan City Commission Meeting, August 1, 2011
1:08:07 Commission questions for Staff.
The Commission spoke regarding where the funding came from for the Story Mansion.
1:08:56 Gordon Brittan, Director at Exergy
Mr. Brittan spoke regarding the process of the possibility of purchasing the Mansion. Mr. Brittan
stated that there have not been many bumps in the road since they have begun the process. The
City will retain public use rights. He spoke regarding what is in it for Exergy. Mr. Brittan stated
that this will give them credibility in Montana. Exergy is a Montana company who wants to
build support in the state. They look at the Mansion as a state treasure. Mr. Brittan stated that
projects that they are involved in are an equity interest. They stay involved for the life of the
project. They believe economic development goes hand in hand in cultural and athletic viability.
They have an interest in symphonic music and historic architecture.
1 :14:22 Andy Epple, Chairman of the Board of Directors for the Story Mansion
Mr. Epple spoke regarding how the Friends of the Story Mansion have worked with Exergy and
how the group is set up.
1 :15 :50 Commission Questions for the Applicant
The Commission .and the Applicant spoke regarding controlling interests, what occurs regarding
if the terms are not met and the ability of the City to sell to a Non- Profit Agency.
1 :19 :27 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:19:59 Motion to authorize the City Manager to enter into negotiations regarding the sale
of the Story Mansion property to Exergy Friends of the Story Mansion, Inc. and to
schedule public hearings to facilitate the sale of the Story Mansion consistent with the
Bozeman Municipal Code.
It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the City Manager to enter
into negotiations regarding the sale of the Story Mansion prope!:!y to Exergy Friends of the
Story Mansion, Inc. and to schedule public hearings to facilitate the sale of thealm
Mansion consistent with the Bozeman Municipal Code.
1.20:19 Commission Discussion on the Motion
The Commission discussed the incorporation, the support of the proposals, a return on
investment, preservation of the Mansion, continued efforts to preserve the Mansion, the original
reason for the City to purchase the Mansion, and spoke regarding the need of looking at going
into the future with the building and the financial aspects and savings into the future.
1:33:20 Vote on the Motion to authorize the City Manager to enter into negotiations
regarding the sale of the Story Mansion property to Exergy Friends of the Story Mansion,
Inc. and to schedule public hearings to facilitate the sale of the Story Mansion consistent
with the Bozeman Municipal Code.
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Minutes of the Bozeman City Commission Meeting, August 1, 2011
Those votin_z Aye being Crs. Mehl Andrus, Taylor and Ma or Krauss.
Those voting No beinZ none.
The motion passed 4-0.
1:35:37 Break
Mayor Krauss declared a break.
1:54:14 Call back to order
Mayor Krauss called the meeting back to order.
1:54:20 2. Discussion regarding Revisions to the City Code of Ethics (Mayor Krauss)
Mayor Krauss began the discussion regarding Revisions to the City Code of Ethics. Mayor
Krauss spoke regarding his concern of sole proprietors not being able to run for office and
continue to run their business. He spoke regarding the difficulties of sole proprietors being
unable to present items in front of Boards that they represent. He spoke regarding the definition
for personal interest. He wants to have a discussion on the sole proprietor issue.
2:01:33 Commission Discussion
The Commission discussed the concern of the context of discussing this if it is because of a
particular candidate, the discussion of prior issues of sole proprietorship, the goal of the
Commission to make suggestions to the Ethics Board to look at this, and the 2-2 vote and the
duty of a Commissioner to vote.
2:28:30 Public Comment
Mayor Krauss opened public comment.
2:29:25 Jerry Pape, Public Comment
Mr. Pape of 15 North 25th spoke regarding consistency. He spoke regarding an upcoming job
fair for Kohls Department Store. Influence and vote is the most important.
2 :33 :04 Daryl Schliem, Public Comment
Mr, Schliem of 150 Village Way spoke regarding board policy on advisory boards. He spoke
regarding involvement limitations for their community. Do not eliminate sole proprietors. Look
at the Ordinance and look at the spirit of Bozeman,
2:34:57 ' Chris Budeski, Public Comment
Mr. Budeski of 315 Sheridan Avenue stated that the timing not the best. This discussion started
after the Planning Board incident where he had to resign as a board member, and has been
accelerated because of running as a City Commissioner. He spoke regarding sole proprietorship.
Discussion took place regarding having an employee of a board member present items. Mr.
Sullivan spoke regarding alternative representation.
2:41:34 Public Comment Closed
Mayor Krauss closed public comment,
2:41:39 Commission Discussion
The Commission discussed having the Ethics Board explore the following: Tic votes, length of
time a Commissioner is not active before they can present items to the Commission, Section k.
of the Ordinance related to definitions, looking at board member speaking to another board
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Minutes of the Bozeman City Commission Meeting, August 1, 2011
about their expertise. All board members treated the same or steps?, Section 2.01.040 G of the
Ordinance specifically how this applies to City commissioners, being a member of an agency
and should there be a clarification of rules, one rule for Citizens who join Advisory Boards and a
different set for Commissioners, along with exploring the need for clarification a board member.
3:15:32 3. (Re)Appointments to the Bozeman Tourism Business Improvement District
Board of Trustees (Kissel)
3:15:46 Public Comment
Mayor Krauss opened public comment.
3:16:06 Matt Cese, Public Comment
Mr. Cese from 800 Wheat Drive spoke regarding the Bozeman - Belgrade Lodging Association.
He spoke regarding a current ballot that the Association conducted. He spoke regarding the
members that are applying for the positions on this board.
3:18:50 Larry Lambert, Public Comment
Mr. La mbert spoke regarding his application for the Board. He is a supporter of the TBID. He
helped Great Falls develop their own TBID. He has attended all of Bozeman's TBID meetings
and he wants to make a positive difference.
3:21:24 Mckenzie Treinen Public Comment
Ms. Trenian of 3018 West Valier stated that she is the Director of Sales for the Marriott. She
feels that she would bring a balance in sales and marketing to the TBID. The TBID has the
opportunity to promote economic growth.
3:22:44 Public comment closed
Mayor Krauss closed public comment.
3:24:16 Motion to re- appoint Carl Solvic and appoint Larry Lambert to the TBID.
It was moved by Cr. Mehl, seconded by Cr .Andrus to re- appoint Carl Solvie and appoint
Larry Lambert to the TBID.
3:26:42 Vote on the Motion to re- appoint Carl Solvic and appoint Larry Lambert to the
TBID.
Those voting Ale being Crs. Mehl, Andrus, Taylor and Ma or Krauss.
Those voting No being none.
The motion passed 4-0.
3:26:514. (Re)App ointments to the Design Review Board (Kissel)
3:27:03 Motion and Vote to reappoint Scott Bcchtle, Mark Hufstetler, Mike Pentecost and
Bill Rea to the Design review Board.
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Minutes of the Bozeman City Commission Meeting, August 1, 2011
It was moved by Cr. T,a3:lor, seconded ky Cr. Mehl to reappoint Scott Bechtle, Mark
Hufstefler, Mike Pentecost and Bill Rea to the Design review Board.
Those voting A
Ae being Crs. Taylor, Mehl, Andrus and Xq_yor Krauss.
Those voting No being none.
The motion passed 4-0.
3.27:30 ' Motion to appoint Cristina Coddington as the non professional member to the
Design review Board.
It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Cristina Coddington as th
non professional member to the Design review Board.
3:27:43 Commission Discussion
The Commission discussed the new applicant.
3:34:14 Vote on the Motion to appoint Cristina Coddington as the non professional
member to the Design review Board.
Those voting Aye Crs. Tgylor, Mehl, Andrus and Ma or Krauss.
Those voting No being none.
The motion passed 4-0.
3:34:51 Mayor's desire to change his vote on the Consent agenda
Mayor Krauss stated that he wanted to change his vote to No in the Consent agenda. His concern
is the fluoridation item. The Commission discussed the Consent item.
3:37:19 5. Re-appointment to the Downtown Bozeman Improvement District / Tax
Increment Finance Board (Kissel) (originally scheduled 7-25)
3:37:28 May appointment of Barbara Bear to the Downtown Bozeman Improvement
District / Tax Increment Finance Board.
Mayor Krauss appointment Barbara Bear to the Downtown Bozeman Improvement
District / Tax Increment Finance Board.
The Mayor asked the Commission to approve his appointment.
All the Commissioners present stated &ye.
3:38:006. Re-appointment to the Downtown Business Improvement District Board
(Kissel) (originally scheduled 7-25)
3:38:04 Motion and Vote to reappoint Buck Taylor to the Downtown.
It was moved by Cr. Andrus, seconded by Cr. T#Alor to appoint Buck Taylor to the
Downtown Business Improvement District Board.
Those voting A being Crs. Andrus, TgLy for , Mehl and Mayor Krauss.
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minutes of the Bozeman City Commission Meeting, August 1, 2011
Those voting No being none.
The motion passed 4-0.
3 7. Re-appointments to the Revolving Loan Fund Committee (Kissel)
3:39:44 Motion and Vote to appoint Brit Fontenot and have Cr. Mehl as the Commission
representative on the Revolving Load Fund Committee.
It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Brit Fontenot and have Cr.
Mehl as the Commission representative on the Revolving Load, Fund Committee.
Those voting A
ae being Crs. Mehl, Andrus, Tgjlor and Ma or Krauss.
Those voting No being none.
The motion passed 4-0.
3:40:12 J. FYI/Discussion
3:40:19 1. League of Cities Update regarding the last legislature.
Mayor Krauss spoke regarding SB 372.
3:42:43 K. Adjournment
Mayor Krauss adjourned the meeting at 9:31 p.m
0
— J ef f u� W
U
ATT
Stacy Vfl ►ien, qMC, City Clerk
Approved on y
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