HomeMy WebLinkAbout02-06-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 6, 2012
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
February 6, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner
Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City
Manager Chuck Winn, Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and
City Clerk Stacy Ulmen.
*These minutes are not word for word and should be considered along with the audio recording.
0:00:03 A. Call to Order—6 p.m. —Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order at 6 p.m.
0:00:05 B. Pledge of Allegiance and a Moment of Silence
0:00:58 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated no.
0:01:04 D. Authorize Absence of Commissioner Andrus
0:01:08 Motion and Vote to authorize the absence of Cr. Andrus.
It was moved by Deputy Mayor Krauss seconded by Cr. Taylor to authorize the absence of
Cr. Andrus.
Those voting Ave being Deputy Mayor Krauss and Crs. Taylor, Mehl and Mavor Becher.
Those voting No being none.
The motion passed 4-0.
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Minutes of the Bozeman City Commission,February b,2012
0:01:18 E. Minutes-December 12, 2011
0:01:19 Motion and Vote to approve the minutes from December 12, 2011
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve the minutes from December
12,2011.
Those votine Ave being Crs Tailor, Mehl Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:01:33 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize awarding Proposal from Sanborn for$34,982.67 for the 2012 Aerial
Photography Project(Henderson)
3. Approve Depository Bonds and Pledged Securities as of December 31, 2011 (Clark)
4. Approve Beer and Wine or Liquor License Renewals for 2012 (Neibauer)
5. Accept the Building Inspection Division Report forthe quarter ending December 31,
2011 (Risk)
0:01:37 Public Comment on the Consent Agenda
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment..
0:01:55 Motion and Vote to approve Consent Items 1-5
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to approve Consent Items 1-
5.
Those voting Ave being Cr. Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:02:07 G. Public Comment
Mayor Becker opened general public comment.
0:02:52 Judd Stewert,Public Comment
Mr. Stewert of 808 North Black spoke regarding bike lanes. They provide a separation for traffic.
0.03:30 Public Comment closed
Mayor Becker closed public comment.
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Minutes of the Bo2eman City Commission,February 6,2012
0:03:43 H. Special Presentations
0:03:56 1. Anti Idling of Motor Vehicles (Tasha Kirby's third grade class at Emily
Dickenson Elementary)
Students of Ms. Kirby"s third grade class gave an anti idling of motor vehicles presentation.
0:09,022. Proposed Bicycle Infrastructure Enhancement (Bozeman Area Bicycle
Advisory Board members and staff liaison John Van Delinder)
John VanDelinder, the Bozeman Area Bicycle Advisory Board the staff Liaison gave the
Proposed Bicycle Infrastructure Enhancement presentation. Some of the members of the Board
also spoke regarding accomplishments, bike lane locations and opportunity areas for bike lanes.
0:18:28 Commission questions
The BABAB members, Staff and the Commission discussed the use of impact fees, community
participation, grid connection, funding and the use of"sharerows".
0:28.38 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:29:09 Continued Commission discussion
The Commission discussed funding options, and impact fees.
0:33:12 3. Recognition of Outstanding Service and Support presented to Street
Superintendent John Van Delinder(Taylor Lonsdale, Safe Routes to School Coordinator)
Street Superintendent John Van Delinder was recognized for his outstanding service and support
including his efforts to Safe Routes to Schools,the Pedestrian and Traffic Safety Committee, the
Bicycle Advisory Board and the City of Bozeman.
0:40:501. Action Items
0:40:56 1. Presentation(s) from Community Service Providers interested in applying
for a Community Development Block Grant from the Montana Department of Commerce
through the City of Bozeman (Rosenberry)
0:41:24 Anna Rosenberry, City Finance Director
Ms. Rosenberry gave the staff presentation regarding Presentation(s) from Community Service
Providers interested in applying for a Community Development Block Grant from the Montana
Department of Commerce through the City of Bozeman. She spoke regarding eligible projects.
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Minutes of the Bozeman City Commission,February 6,2012
0:44:26 Haven Representative, Kristy McFetridge
Kristy McFetridge stated that she is the Executive Director for Haven and explained the need for
the Community Development Block Grant.
0:48:13 Commission Questions for Applicant
The Commission and the Applicant spoke regarding the current building for Haven, location to
downtown, the need for Haven and the City initially being the applicant for the funds.
0:55:00 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:55:20 Commission Discussion and Direction
The Commission and Staff discussed limits, confidentiality and timeframes.
1:00:47 2. Integrated Water Resources Plan Professional Services Agreement (Hesston)
1:01:01 Brian Heaston, City Project Engineer
Mr. Heaston gave the staff presentation regarding the Integrated Water Resources Plan
Professional Services Agreement.
1:03:13 Commission Questions and Discussion
The Commission and Staff spoke regarding water rights, determining needs along with the
elements and the deliverables of the future analysis.
1:15:20 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:15:43 Motion to authorize the City Manager to execute a Professional Services
Agreement with Advanced Engineering and Environmental Services Inc. for the Integrated
Water Resources Plan project in the amount of$132,500.00.
It was moved by-Deputy Mayor Krauss seconded by Cr. Taylor to authorize the City
Manager to execute a Professional Services Agreement with Advanced Engineering and
Environmental Services Inc. for the Integrated Water Resources Plan project in the
amount of$132,500.00.
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Minutes of the Bozeman City Commission,February b,2012
1:16:06 Discussion on the Motion
The Commission discussed the Attorney, storage rights and water rights.
1:17:43 Vote on the Motion to authorize the City Manager to execute a Professional
Services Agreement with Advanced Engineering and Environmental Services Inc. for the
Integrated Water Resources Plan project in the amount of$132,500.00.
Those voting Ave being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:17:55 Motion and Vote to authorize the City Manager to execute Amendment No. 1 to the
existing Professional Services Agreement with Water Rights Solutions Inc. not to exceed
$20,620.00.
It was moved by Deputy Mayor Krauss , seconded by Cr. Taylor to authorize the City
Manager to execute Amendment No. 1 to the existing Professional Services Agreement with
Water Rights Solutions Inc. not to exceed $20,620.00.
Those voting Ave being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:18:21 Discussion on the Technical Advisory Committee
The Commission discussed the make-up and size of the Technical Advisory Committee.
1:28:25 Motion to ask for applicants (for the Technical Advisory Committee) and leave
open at staffs discretion and come back and appoint a committee with the number at 7.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to ask for applicants (for
the Technical Advisory Committee) and leave open at staffs discretion and come_ back and
appoint a committee with the number at 7.
1:28:57 Commission discussion on the Motion
The Commission continued to discuss the size of the Board.
1:29:53 Vote on the Motion to ask for applicants (for the Technical Advisory Committee)
and Ieave open at staff s discretion and come back and appoint a committee with the
number at 7.
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Minutes of the Bozeman City Commission,February 6,2032
Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:30:26 3. Resolution No. 4365,Amending Resolution No. 4336,Appropriating Funds
for Design of a Police and Court Facility and for the Replacement of Swim Center Heat
Exchangers (Rosenberry)
1:30:34 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the Staff presentation regarding Resolution No. 4365, Amending
Resolution No. 4336, and Appropriating Funds for Design of a Police and Court Facility and for
the Replacement of Swim Center Heat Exchangers.
1:32:38 Chuck Winn, Assistant City Manager
Mr. Winn spoke regarding the design of a Police and Court facility.
1:33:20 Commission Questions and Discussion
The Commission and staff discussed the timing of a bond for the facility and the steps for
planning of the facility.
1:41.47 Public Comment
Mayor Becker opened public comment.
1:42:04 Danny Sobek, Public Comment
Mr. Sobek of 2147 Highland Boulevard stated that he is a user of the swim center. He voiced his
support for the swim center and aquatic therapy.
1:43:34 Public Comment closed
Mayor Becker closed public comment.
1:43:35 Motion and Vote to approve Resolution No. 4365, amending Resolution No. 4336,
appropriating funds for design of a Police and Court Facility and for the replacement of
Swim Center heat exchangers.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Resolution No. 4365,
amending Resolution No. 4336, appropriating funds for design of a Police and Court
Facility and for the replacement of Swing Center heat exchangers.
Those voting Ave being Crs. Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
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Minutes of the Bozeman City Commission,February 6,2022
The motion passed 4-0.
1:44:10 4. Consideration of using Cash-in-Lieu of Parkland to purchase Property at
405 South Church (Dingman)
1:44:19 Ron Dingman, Park and Recreation Director
Mr. Dingman gave the staff presentation regarding the consideration of using cash-in-lieu of
Parkland to purchase Property at 905 South Church.
1:45:23 Commission Questions and Discussion with Staff
The Commission and Staff discussed the allocation of cash-in-lieu and impact fees, where cash-
in-lieu has been spent in the past, what cash-in-lieu funds could be used for, the public noticing
for the purchase along with discussion of the impact fee Capital Improvement Plan.
1:54:36 Public Comment
Mayor Becker opened public comment.
1:54:46 Kelly Pohl,Public Comment
Ms. Pohl stated that she is with the Gallatin Valley Land Trust and emphasized that this is a way
to un-develop land by Bozeman Creek. This is a long term investment for Bozeman's future.
1:57:48 Jim Reed,Public Comment
Mr. Reed of 325 Ice Pond Road stated that he would be directly impacted by this project. He is
not sure why we need to spend the money on it. He doesn't feel that it would get the use as a
pocket park.
2:00:10 Gary Weiner,Public Comment
Mr. Weiner 4030 Sourdough Road stated that the goal is to make the best community asset
possible. He added that four goals are being pursued including the creation of improved access
and recreational aspects on the creek.
2:03:11 David Cook,Public Comment
Mr. Cook stated that he is representing the Park and Recreation Board and that this was
discussed at length by the Board. The consensus by the Board is that this is a significant deal. A
small price for an acre on the creek.
2:06:16 Jaclyn Katz,Public Comment
Ms. Katz of 405 Ice Pond Road stated that she is more impacted than anyone. This is an insult on
her property values. She urged the Commission to wait for a project that makes sense. It is a road
to nowhere. Save and wait for a project that makes sense.
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Minutes of the Bozeman City Commission,February 6,2012
2:12:28 Pam Westphal,Public Comment
Ms. Westphal of 519 South Tracy stated that she owns property to the north of the proposed site.
She is in favor of the proposal but has concerns with the parking lot.
2:13:38 Brian Popiel,Public Comment
Mr. Popiel on behalf of SWMBIA stated that he opposes the use of impact fees for the
acquisition of the property. The benefit will go to people in the neighborhood near the project.
2:14:36 Stewert Jennings, Public Comment
Mr. Jennings of 1075 Boylan Road stated that he is in favor of the project. It traces back to
public health and benefit. We need to respond to opportunities when they come to us.
2:17:47 Salal Huber McGee,Public Comment
Ms. McGee of 332 South Church Avenue stated that she is part of the Friends of Parks Group
and may have a little bit of funding available for this project. As a neighbor to the location, she
feels that this is an opportunity to have safe passage for pedestrians on South Church. The stream
is a huge opportunity.
2:20:22 BJBrewer, Public Comment
Mr. Brewer of 507 Ice Pond Road stated that he is generally in favor of the project but would
like to see a master plan. The property is adjacent to a 100 year flood pattern.
2:22:16 Collin Young, Public Comment
Mr. Young stated that he is a renter at 823 South Church Avenue which is right up against the
proposed trail. The trail is a good idea, but the parking lot location is a poor idea. Keep it a linear
park.
2:24:17 Public Comment closed
Mayor Becker closed public comment.
2:24:23 Commission Discussion
The Commission discussed the use of impact fees, the Capital Improvement Plan list,
development of South Church, living next to a park, the use of cash-in-Iieu funds for acquisition
of park land, the goal to clean up the creek, the site line, the makeup of the park, formal noticing,
future discussion related to this proposal and that this appears to be an opportunity.
2:44:53 Motion that having heard public comment,I hereby adopt the staff suggested
findings included in the staff memorandum and move to authorize allocation of$80,000 of
cash-in-lieu of parkland funds for the purchase of property located at 905 South Church
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Minutes of the Bozeman City Commission,February 6,1011
Avenue and direct the City Manager to enter into negotiations and a purchase and sale
agreement, subject to Commission ratification, to purchase the property.
It was moved by Cr. Mehl, seconded by__Cr. Taylor that having heard public comment, I
hereby adopt the staff suggested findings included in the staff memorandum and move to
authorize allocation of$80,000 of cash-in-lieu of parkland funds for the purchase of
property located at 905 South Church Avenue and direct the City Manager to enter into
negotiations and a purchase and sale agreement, subiect to Commission ratification, to
purchase the property.
2:45:23 Commission Discussion on the Motion.
2:47:05 Greg Sullivan, City Attorney
Mr. Sullivan asked for a clarification of the motion with the intent of what will happen next
including entering negotiations, and the future of the right of way portion which will include a
change in regards to the cash-in-lieu. He spoke regarding the easements.
2:48:53 Commission Discussion
The Commission continued to discuss the cash-in-lieu and transferring it into the General Fund,
making the area safer, connectivity along with the authorization of use of cash-in-lieu funds and
consideration of the Advisory Boards.
3:00:26 Amendment to the Main Motion that before this comes back for final approval,
that all adjacent landowners to be notified.
An Amendment to the Main Motion was made by Cr. Taylor that before this comes back
for final approval, that all adiacent landowners to be notified.
3:00:45 Amendment dies to due to a lack of a second.
3:03:30 Vote on the Main Motion that having heard public comment, I hereby adopt the
staff suggested findings included in the staff memorandum and move to authorize
allocation of$80,000 of cash-in-lieu of parkland funds for the purchase of property located
at 905 South Church Avenue and direct the City Manager to enter into negotiations and a
purchase and sale agreement, subject to Commission ratification, to purchase the property.
Those voting Ave being Crs, Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
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Minutes of the Bozeman City Commission,February 5,2012
3:03:59 5. Mayoral Appointments to the City Planning Board (Kissel)
3:04:10 Mayor Becker
Mayor Becker re-appointed Erik Garberg and appointed Randy Wall to the City Planning Board.
3:04:12 Motion and Vote to confirm the Mayoral appointment of Erik Garberg and
appointed Randy Wall to the City Planning Board.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to confirm the Mayoral
appointment of Erik Garberg and appointed Randy Wall to the City Planning Board.
Those voting Aye being Crs. Mehl, DeputMayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:04:35 6. (Re)Appointments to the North Seventh Urban Renewal Board (Kissel)
3:04:42 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Public Comment closed.
3:04:50 Motion and Vote to affirm the Mayor's re-appoint Susan Fraiser and Carl Solvie as
voting members and appoint new applicant Bill Fogerty as a non-voting member for the
North Seventh Urban Renewal Board.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to affirm the Mayor's re-
appoint Susan Fraiser and Carl Solvie as voting members and appoint new applicant Bill
Fogerty as a non-voting member for the North Seventh Urban Renewal Board.
Those voting Aye being Cr. Mehl Deputy Mayor Krauss Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:06:25 7. (Re) Appointments to the Recreation and Parks Advisory Board
3:06:36 Motion and Vote to appoint Elizabeth Thorenson and Salal Huber-McGee to the
Recreation and Parks Advisory Board.
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Minutes of the Bozeman City Commission,February 6,2012
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to appoint Elizabeth
Thorenson and Salal Huber-McGee to the Recreation and Parks Advisory Board
Those voting Ave being Cr. Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
3:06:59 J. FYI/Discussion
1. Reallocation Commission liaisons
This will take place at the February 27th agenda.
3:08:42 K. Adjournment
Mayor Becker adjourned the meeting.
Sean A Becker, Mayor
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Approved on Clio. 12—
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