HomeMy WebLinkAbout04-09-12 Minutes, City Commission t�
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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 wordfor 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 Silencc
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.
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Minutes of the Bozeman City Commission,April 9,2012
Those voting Ave 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
(Hesston)
6. Approve Mayoral Proclamation declaring the month of April Sexual Assault Awareness
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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 Ave being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayo.,
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.
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Minutes of the Bozeman City Commission,April 9,2012
0:13:5 2 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 Sha sire 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 Cdr stal 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 Wol 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(415 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.
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Minutes of the Bozeman City Commission,April 9,2012
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 casement 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
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Minutes of the Bozeman City Commission,April 9,2012
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 casement
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 1 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 Ave 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.
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Minutes of the Bozeman City Commission,April 9,2012
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.
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Minutes of the Bozeman City Commission,April 9,2012
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 Ave 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 Ave 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.
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Minutes of the Bozeman City Commission,April 9,2012
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 In Cr. Mehl seconded by Deputy Mayor Krauss to direct plannine staff to
prepare an Ordinance discontinuing the Board of Adjustment while retaining the ability in
the Bozeman Munici al 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.
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Minutes of the Bozeman City Commission,April 9,2012
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 Ave 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.
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Minutes of the Bozeman City Commission,April 9,2012
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 Ave being Crs. Taylor, Andrus, Mehl, Deputy Mayor Krauss and Mayor
Becker.
Those votine 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 votine 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.
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Minutes of the Bozeman City Commission,Aprii 9,2012
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