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HomeMy WebLinkAbout04-09-12 MinutesPage 1 of 11 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 9, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, April 9, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Cyndy Andrus, 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. 0:05:03 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting order at 6:03 p.m. 0:05:09 B. Pledge of Allegiance and a Moment of Silence 0:05:55 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated that there were no changes. Mayor Becker spoke regarding the Mayoral Proclamation declaring the month of April Sexual Assault Awareness Month. 0:06:31 D. Public Service Announcement – Sexual Assault Awareness – Safety information (Lieutenant Steve Crawford, Bozeman Police Department) Lieutenant Steve Crawford gave a PSA regarding Sexual Assault Awareness. On April 26th there will be a panel here in the Commission Room to discuss this matter. 0:09:20 E. Minutes – January 23, 2012 Executive minutes 0:09:26 Motion and Vote to approve the Executive minutes from January 23, 2012 as submitted. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the Executive minutes from January 23, 2012 as submitted. 18 Minutes of the Bozeman City Commission, April 9, 2012 Page 2 of 11 Those voting Aye being Crs. Andrus, Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:09:42 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign a Professional Services Contract with CTA Architects Engineers of Bozeman, Montana for the preparation of the Mandeville Properties Land Use Plan (Fontenot) 3. Authorize City Manager to sign a Purchase Agreement with Tractor & Equipment Company in the amount of $91,468 for a 2012 Loader Backhoe for the Water Operations Division (Alston) 4. Approve City Commission Reclaiming Jurisdiction of a Conditional Use Permit, Certificate of Appropriateness for Auto Stop at 1401 East Main Street, Application No. Z-12043 (Krueger) 5. Approve Resolution No. 4373, Creating and defining the purpose and structure of a Technical Advisory Committee convening for the City’s Integrated Water Resources Plan (Heaston) 6. Approve Mayoral Proclamation declaring the month of April Sexual Assault Awareness Month (Kissel) 0:09:52 Public Comment on the Consent Agenda. Mayor Becker opened public comment on the Consent Agenda. No person commented. Mayor Becker closed public comment. 0:10:14 Motion and Vote to approve Consent Items F. 1-6 inclusive. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to approve Consent Items F. 1-6 inclusive. Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:10:32 G. Public Comment Mayor Becker called for general public comment. 0:11:03 Tyler Walston, Public Comment Mr. Walston of 285 High K Street in Belgrade spoke regarding fluoride. He spoke regarding potential harmful side effects. 19 Minutes of the Bozeman City Commission, April 9, 2012 Page 3 of 11 0:13:52 Robert Branson, Public Comment Mr. Branson of 403 North 3rd spoke regarding fluoride. He feels that everyone has the right to decide what they put in their bodies. 0:17:23 Richard Shafske, Public Comment Mr. Shafske from Sypes Canyon Road gave a demonstration regarding the transmutation of elements. He stated that the Commission has been challenged to transfer elements. 0:20:42 Dante Bonanini, Public Comment Mr. Bonanini of 1717 South Rouse spoke regarding fluoride. He does not like it in his water. 0:22:57 Crystal Debour, Public Comment Ms. Debour from Michael Grove stated that she is against fluoridation. With the fluoridation she is unable to choose and she feels that the key is to allow people to choose for themselves. 0:26:10 Wolf, Public Comment Wolf from Rifle Road stated that he hopes that all can hear the voices that have been heard over the last few weeks. Please listen to the voice of the people. 0:29:17 Public Comment closed Mayor Becker closed public comment. 0:29:21 H. Action Items 0:29:22 1. Provisional Adoption of Ordinance 1821, authorizing City Manager to sign a purchase and sale agreement transferring ownership of the Story Mansion property to Exergy Friends of the Story Mansion, authorizing granting of a pedestrian easement across Story Park, authorizing placement of restrictive covenants on the Story Park, authorizing signing of reciprocal Rights of First Offer, and entering into a maintenance agreement for Story Park (4/5 vote of the Commission required) (Sullivan) 0:30:16 Mr. Kukulski Mr. Kukulski gave the staff presentation regarding the provisional adoption of Ordinance 1821, authorizing the City Manager to sign a purchase and sale agreement transferring ownership of the Story Mansion property to Exergy Friends of the Story Mansion, authorizing granting of a pedestrian easement across Story Park, authorizing placement of restrictive covenants on the Story Park, authorizing signing of reciprocal Rights of First Offer, and entering into a maintenance agreement for Story Park. This requires a 4/5 Vote. He spoke regarding prior grants and funding for the Mansion. He spoke regarding the agreement and what was included. 20 Minutes of the Bozeman City Commission, April 9, 2012 Page 4 of 11 0:42:20 Questions for Staff Cr. Taylor gave a disclosure regarding the Story Mansion. The Commission and Staff spoke regarding where the funding came from for the Story Mansion, allocation of the funds, the fees for rental of the property, third party rights, covenants, renovations, a City position on the non- profit board and the reversion clause. 1:02:39 Andy Epple, Applicant Representative Mr. Epple stated that he is the President of the Exergy Friends of the Story Mansion group. He gave the Applicant presentation and noted the obligations. 1:05:21 Questions for Applicant The Commission and the Applicant discussed the covenants within the agreement, revenue stream, timing of installing irrigation, the fee schedule, the strength of the non-profit and the intention of the Mansion. 1:13:14 Public Comment Mayor Becker opened public comment. 1:13:37 Wolf, Public Comment Wolf of Rifle Road stated that he understands preserving history. Consider what the people have paid for the building. 1:16:51 Public Comment closed Mayor Becker closed public comment. 1:17:04 Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in the staff memorandum, Ordinance 1821 and findings articulated by the Commission during discussion, I hereby move to: (i) provisionally adopt Ordinance 1821 authorizing the City Manger to sign the Agreement to Sell and Purchase Real Estate for the Story Mansion (which includes authorizing the granting of a pedestrian easement across Story Park for access to the Story Mansion, authorizing the signing of reciprocal Rights of First Offer, and the entering into of restrictive covenants related to the Story Mansion and Story Park); and (ii) authorize the City Manager to sign a maintenance agreement for Story Park with Exergy Friends of the Story Mansion. It was moved by Cr. Taylor, seconded by Cr. Andrus that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in the staff memorandum, Ordinance 1821 and findings articulated by the Commission during discussion, I hereby move to: (i) provisionally adopt Ordinance 1821 21 Minutes of the Bozeman City Commission, April 9, 2012 Page 5 of 11 authorizing the City Manger to sign the Agreement to Sell and Purchase Real Estate for the Story Mansion (which includes authorizing the granting of a pedestrian easement across Story Park for access to the Story Mansion, authorizing the signing of reciprocal Rights of First Offer, and the entering into of restrictive covenants related to the Story Mansion and Story Park); and (ii) authorize the City Manager to sign a maintenance agreement for Story Park with Exergy Friends of the Story Mansion. 1:18:00 Commission discussion on the motion. The Commission spoke regarding the amount of money invested in the Mansion, preserving the public aspect of the Mansion, the cost of operations, protecting public access, significant worth and cultural fabric and maintenance. 1:38:43 Vote on the Main Motion to that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in the staff memorandum, Ordinance 1821 and findings articulated by the Commission during discussion, I hereby move to: (i) provisionally adopt Ordinance 1821 authorizing the City Manger to sign the Agreement to Sell and Purchase Real Estate for the Story Mansion (which includes authorizing the granting of a pedestrian easement across Story Park for access to the Story Mansion, authorizing the signing of reciprocal Rights of First Offer, and the entering into of restrictive covenants related to the Story Mansion and Story Park); and (ii) authorize the City Manager to sign a maintenance agreement for Story Park with Exergy Friends of the Story Mansion. Those voting Aye being Crs. Taylor, Andrus, Mehl, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:38:59 2. Appointments to the Technical Advisory Committee for the Integrated Water Resources Plan (Kissel) City Clerk Stacy Ulmen gave the staff presentation regarding the appointments to the Technical Advisory Committee for the Integrated Water Resources Plan. 1:41:09 Questions for Staff The Commission and staff spoke regarding adding staff members to the Board. 1:42:49 Motion to add two City staff members to the Board. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to add two City staff members to the Board. 22 Minutes of the Bozeman City Commission, April 9, 2012 Page 6 of 11 1:43:59 Motion pulled to add two City staff members to the Board. Deputy Mayor Krauss pulled his motion due to the fact that public comment needs to commence. 1:44:36 Commission Discussion The Commission discussed the size of the board and the member positions. 1:45:33 Motion to add two City staff members to the Board. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to add two City staff members to the Board. 1:50:45 Public Comment Mayor Becker opened public comment. 1:51:12 George Metcalf, Public Comment Mr. Metcalf stated that he is from the Four Corners area and he is interested in who would be on the committee. He spoke regarding a concern of conflict of interest. He feels that the committee would benefit by having a public sector member. 1:55:30 Deb Stevenson, Public Comment Ms. Stevenson from Bozeman stated that she did not have an opportunity to be part of the Committee but that she understands the conflict of interest concern. She feels that there is a need for a public sector representative. 1:57:08 Public Comment closed Mayor Becker closed public comment. 1:57:23 Commission Discussion The Commission discussed water rights, protection of the municipal watershed, the amount of meetings to take place and the number of members and diversity. 2:09:39 Motion clarified to appoint members (all 8) to the Technical Advisory Committee for the Integrated Water Resources Plan and adding 2 City staff members aware of the subject. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to appoint members (all 8) to the Technical Advisory Committee for the Integrated Water Resources Plan and adding 2 City staff members aware of the subject. 23 Minutes of the Bozeman City Commission, April 9, 2012 Page 7 of 11 2:10:22 Vote on the Motion to appoint members (all 8) to the Technical Advisory Committee for the Integrated Water Resources Plan and adding 2 City staff members aware of the subject. Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:12:15 Motion to instruct staff to investigate and consider finding a person with water financial experience to add to this committee and prior to bringing a name, staff thoroughly consider the conflict of interest question with the City Attorney before it comes back to the Commission. It was moved by Cr. Taylor, seconded by Cr. Andrus to instruct staff to investigate and consider finding a person with water financial experience to add to this committee and prior to bringing a name, staff thoroughly consider the conflict of interest question with the City Attorney before it comes back to the Commission. 2:12:48 Commission Discussion The Commission discussed how this will be accomplished by staff and transparency. 2:15:12 Vote on the Motion to instruct staff to investigate and consider finding a person with water financial experience to add to this committee and prior to bringing a name, staff thoroughly consider the conflict of interest question with the City Attorney before it comes back to the Commission. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 2:15:33 Choosing of a Commission Liaison The Commission chose Cr. Taylor to be the Liaison for this Committee. 2:17:44 Break Mayor Becker declared a break. 2:33:45 Meeting called back to order Mayor Becker called the meeting back to order. 24 Minutes of the Bozeman City Commission, April 9, 2012 Page 8 of 11 2:34:10 3. Decision whether to Discontinue the Board of Adjustment (Kukulski) Mr. Kukulski gave the staff presentation regarding the decision whether to discontinue the Board of Adjustment. 2:35:56 Commission Discussion The Commission discussed why the Board of Adjustment was put into place. 2:40:15 Tim Cooper, Assistant City Attorney Mr. Cooper spoke regarding his memo referring to three separate roles in the land use process. 2:45:53 Continued Commission discussion The Commission and Staff spoke regarding the Supreme Court ruling, acting in a quasi judicial capacity, staff administrative approvals, the appeal process, the power to reclaim, delegating administrative functions, a hearing examiner process, due process and staff resources. 3:07:49 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 3:08:28 Motion to direct planning staff to prepare an Ordinance discontinuing the Board of Adjustment while retaining the ability in the Bozeman Municipal Code to reconstitute a Board of Adjustment in the future. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to direct planning staff to prepare an Ordinance discontinuing the Board of Adjustment while retaining the ability in the Bozeman Municipal Code to reconstitute a Board of Adjustment in the future. 3:08:48 Commission discussion on the Motion The Commission discussed the items that have been reclaimed from the Board of Adjustment, intent, repetition, speed, long term goals, the rights of the citizens to come to the people that they elected, meeting consistency, accessibility, legislative functions, the hearing examiner system approach, creation of a ready appeal system, administrative rules and the growth of the City. 3:28:50 Vote on the Motion to direct planning staff to prepare an Ordinance discontinuing the Board of Adjustment while retaining the ability in the Bozeman Municipal Code to reconstitute a Board of Adjustment in the future. 25 Minutes of the Bozeman City Commission, April 9, 2012 Page 9 of 11 Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:29:03 4. Storm Water Utility Discussion and Direction (Winn) 3:31:12 Chuck Winn, Assistant City Manager Mr. Winn gave the staff presentation regarding the Storm Water Utility discussion. 3:33:23 Commission Discussion The Commission and staff discussed budgeted amounts, timing and creation of the utility, credits for action, the condition assessment phase, the time frame of startup range, method of charging and assessments, connections to how storm water is being handled, the thought of having a temporary start up, alternatives, the need for a nexus, mapping, infrastructure, topography, cleaning up areas, sources of funding, downtown and the entire street network, large commercial developments and the use of a hybrid model, billing factors, methodologies, equity, fairness, spreading costs and the need for a blended plan. 4:17:20 Motion and Vote to extend the meeting 15 minutes. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to extend the meeting 15 minutes. Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Andrus and Mehl. Those voting No being Mayor Becker. The motion passed 4-1. 4:17:51 Continued Commission Discussion The Commission continued to discuss the meters and the amount of water produced. 4:23:24 Motion to use method b as the method for the initial charging for the Storm Water Utility for the first (3 years) after which we will re-assess the situation based on the data collected. It was moved by Cr. Taylor, seconded by Cr. Andrus to use method b as the method for the initial charging for the Storm Water Utility for the first (3 years) after which we will re- assess the situation based on the data collected. 26 Minutes of the Bozeman City Commission, April 9, 2012 Page 10 of 11 4:23:56 Discussion on the Motion 4:24:47 Amendment to the Main Motion to two years. It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion to two years. Those voting Aye being Crs. Taylor, Andrus, Mehl, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:25:27 Anna Rosenberry, Finance Director Ms. Rosenberry explained the process that will commence on setting up the utility. 4:26:59 Vote on the Main Motion as amended to use method b as the method for the initial charging for the Storm Water Utility for the first 2 years after which we will re-assess the situation based on the data collected. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 4:29:01 J. FYI 1. Passing on Motions 2. Early Start time at 5:15 p.m. next week. 4:30:10 K. Adjournment Mayor Becker adjourned the meeting at 10:29 p.m. ____________________________________ Sean A Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk 27 Minutes of the Bozeman City Commission, April 9, 2012 Page 11 of 11 PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 28