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HomeMy WebLinkAbout09-17-12 Minutes Page 1 of 8 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 17, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, September 17, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Chris Mehl, Commissioner Cyndy Andrus, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City 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. 0:00:00 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North B. Executive Session-Litigation Strategy Mayor Becker closed to the public all or portions of this meeting pursuant to Sect. 2-3- 203(4)(a), MCA, finding that the meeting involves a discussion of litigation strategy and an open meeting would have a detrimental effect on the litigation position of the City. *A separate set of minutes have been prepared for Executive Session 0:00:01 C. Call the Regular Meeting Back to Order – 6:45 p.m. Mayor Becker called the Regular meeting to order. 0:00:08 D. Pledge of Allegiance and a Moment of Silence 0:00:47 E. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated that an addendum was sent out for Consent Item. 4. 0:01:26 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve Resolution No. 4407, Legislative Body Relating to a Money Purchase Plan (Rosenberry) 3. Approve Terminating the Carnegie Parcels Request For Proposal process (Fontenot) 4. Provisionally Adopt Ordinance No. 1842, authorizing City Manager to enter into a 2-year space lease with MSU-Extended University for the lease of an office and classroom in the Alfred M. Stiff Professional Building at 20 East Olive (Goehrung) 7 Minutes of the Bozeman City Commission Meeting, September 17, 2012 Page 2 of 8 0:01:31 Public Comment Mayor Becker opened public comment on the Consent agenda. No person spoke. Mayor Becker closed public comment on the Consent agenda. 0:01:44 Motion and Vote to approve Consent Items F. 1-4 as submitted. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent Items F. 1-4 as submitted. 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. 0:02:03 G. Public Comment Mayor Becker opened general public comment. 0:02:25 Jerry Pape, Public Comment Mr. Pape of 15 North 25th spoke regarding Consent Item No. 3. 0:03:24 Public Comment closed Mayor Becker closed public comment. 0:03:27 H. Action Items 0:03:28 1. Designation of Save America's Treasures Grant funding for rehabilitation projects at the Rialto Theatre and on North Willson Avenue for the Caird Streetlamp Restoration and authorize City Manager to sign associated Contracts (continued from September 10, 2012) (Kramer) 0:03:55 Courtney Kramer, Staff presentation. Ms. Kramer gave the staff presentation regarding the Designation of Save America's Treasures Grant funding for rehabilitation projects at the Rialto Theatre and on North Willson Avenue for the Caird Streetlamp Restoration and authorize City Manager to sign associated Contracts. 0:05:10 Commission Questions The Commission and Staff spoke regarding time frames for the contract. 0:05:51 Mark Huffstetler, Chair of the Bozeman Historic Board Mr. Huffsteler stated that he was on the professional committee that reviewed these applications over the last few weeks. 0:06:54 Commission Questions The Commission and staff spoke regarding notification and clarification of awards, criteria for applicants, the location of the historical district, variances, preferences and working with the national park services, the process for City reimbursement and conservation easements. 8 Minutes of the Bozeman City Commission Meeting, September 17, 2012 Page 3 of 8 0:38:18 Ms. Kramer Ms. Kramer spoke regarding recommended motion and vote language. 0:41:54 Public Comment Mayor Becker opened public comment. Public comment was put on hold to hear from the applicant. 0:42:29 Applicant Presentation 0:42:38 May Kay Duffie, Rialto Applicant Ms. Kay gave the applicant presentation for the Rialto project. 0:48:10 Questions for applicant The Commission and applicant spoke regarding the different phases of the project and donations earned thus far. 0:52:02 Stephen Michael, Rialto Applicant Mr. Michael continued the applicant presentation. 0:53:13 Continued questions for Applicant The Commission and applicant spoke regarding the purchase of the property and the intentions of use along with the façade and marquee cost. 0:58:44 Dave Brekke, Loveless building Applicant Mr. Brekke spoke regarding the Loveless building application. 1:01:55 Public Comment continued Mayor Becker continued public comment. 1:01:57 Steve Goacher, Public comment Mr. Goacher from Butte spoke regarding prior business efforts with the owners or the Rialto. 1:04:34 Susan Denson-Guy, Public comment Ms. Denson-Guy gave a presentation regarding the Emerson project. 1:10:37 Continued Commission Questions The Commission discussed conservation easements and variances. Ms. Kramer spoke regarding the grant application process and history. 1:19:53 Public Comment closed Mayor Becker closed public comment. 1:20:16 Commission Discussion The Commission spoke regarding the review process and benefits to the community, the Commission's responsibilities in regards to award of the funds, the need to look at a better procedure for this, contributions historically to the downtown areas, the allocation process, creation of timing limits and splitting the funding. 1:44:36 Motion to approve (as amended) the designation of Save America's Treasurers Grant funding for rehabilitation projects at the Rialto Theatre and on North Willson 9 Minutes of the Bozeman City Commission Meeting, September 17, 2012 Page 4 of 8 Avenue for the Caird Streetlamp Restoration and authorize the City Manager to sign the associated contract. The designation of SAT finding and the resulting contracts shall be subject to the following performance standards: 1. A six month period, or until March 17, 2013 to complete final design and bid documents and to document fundraising of a minimum of 50% of the SAT grant amount; and, 2. A twelve month period, or until September 17, 2013 to be issued a building permit, to initiate construction and to document fundraising of 100% of the SAT grant amount. In the event that the Rialto Theatre or the Caird Streetlamp Restoration do not meet these performance standards, the SAT funding shall be allocated to the Emerson Cultural Center subject to the same performance standards. It was moved by Cr. Mehl ,seconded by Cr. Taylor to approve (as amended) the designation of Save America's Treasurers Grant funding for rehabilitation projects at the Rialto Theatre and on North Willson Avenue for the Caird Streetlamp Restoration and authorize the City Manager to sign the associated contract. The designation of SAT finding and the resulting contracts shall be subject to the following performance standards: 1. A six month period, or until March 17, 2013 to complete final design and bid documents and to document fundraising of a minimum of 50% of the SAT grant amount; and, 2. A twelve month period, or until September 17, 2013 to be issued a building permit, to initiate construction and to document fundraising of 100% of the SAT grant amount. In the event that the Rialto Theatre or the Caird Streetlamp Restoration do not meet these performance standards, the SAT funding shall be allocated to the Emerson Cultural Center subject to the same performance standards. 1:44:59 Commission Discussion on the Motion 1:52:45 Amendment to award $70,000 to the Emerson, $70,000 to the Rialto and $10,000 to the street light project. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to award $70,000 to the Emerson, $70,000 to the Rialto and $10,000 to the street light project. 1:53:39 Discussion on the Amendment 1:59:09 Vote on the Amendment to award $70,000 to the Emerson, $70,000 to the Rialto and $10,000 to the street light project. Those voting Aye being Deputy Mayor Krauss and Mayor Becker. Those voting No being Crs. Mehl, Taylor and Andrus. The motion failed 2-3. 10 Minutes of the Bozeman City Commission Meeting, September 17, 2012 Page 5 of 8 1:59:36 Amendment that staff indicate to the National Park Service that the City Commission strongly recommends that the money be split $70,000-$70,000-$10,000 and that we urge them to agree to that as a split of the money, and that if they don't agree the matter doesn't have to come back to the Commission and the alternative motion as originally written would be the way to proceed. It was moved by Cr. Mehl, seconded by Cr. Andrus that staff indicate to the National Park Service that the City Commission strongly recommends that the money be split $70,000- $70,000-$10,000 and that we urge them to agree to that as a split of the money, and that if they don't agree the matter doesn't have to come back to the Commission and the alternative motion as originally written would be the way to proceed. 2:01:08 Commission Discussion on the Amendment 2:02:02 Vote on the Amendment that staff indicate to the National Park Service that the City Commission strongly recommends that the money be split $70,000-$70,000-$10,000 and that we urge them to agree to that as a split of the money, and that if they don't agree the matter doesn't have to come back to the Commission and the alternative motion as originally written would be the way to proceed. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 2:02:32 Vote on the Main Motion as amended to approve the designation of Save America's Treasurers Grant funding for rehabilitation projects at the Rialto Theatre and on North Willson Avenue for the Caird Streetlamp Restoration and authorize the City Manager to sign the associated contract. The designation of SAT finding and the resulting contracts shall be subject to the following performance standards: 1. A six month period, or until March 17, 2013 to complete final design and bid documents and to document fundraising of a minimum of 50% of the SAT grant amount; and, 2. A twelve month period, or until September 17, 2013 to be issued a building permit, to initiate construction and to document fundraising of 100% of the SAT grant amount. In the event that the Rialto Theatre or the Caird Streetlamp Restoration do not meet these performance standards, the SAT funding shall be allocated to the Emerson Cultural Center subject to the same performance standards. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 2:03:02 Break Mayor Becker declared a break. 11 Minutes of the Bozeman City Commission Meeting, September 17, 2012 Page 6 of 8 2:15:18 2. Participation as Amicus Curiae in Alliance for the Wild Rockies et al v. United States Forest Service et al (litigation filed in the Montana Federal District Court (cause number 9:12-cv-00055-DLC: the Bozeman Municipal Watershed Project) (Sullivan) 2:15:20 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation regarding Participation as Amicus Curiae in Alliance for the Wild Rockies et al v. United States Forest Service et al (litigation filed in the Montana Federal District Court (cause number 9:12-cv-00055-DLC: the Bozeman Municipal Watershed Project). 2:19:29 Public Comment Mayor Becker opened public comment. 2:19:44 Rick Meece, Public Comment Mr. Meece of 724 West Arnold spoke regarding prior fires and fire prevention and lawsuits in the past in regards to these types of issues. 2:26:34 Lisa Stepler, Public Comment Ms. Stepler stated that she is a District Ranger for the United States Forest Service spoke regarding joint ventures to protect water sheds. 2:28:57 Jennifer Miller, Public Comment Ms. Miller of 1017 West Koch Street stated that she is representing the Wilderness Society and spoke regarding logging and the need to have a diverse group to discuss these kinds of issues. 2:32:47 Public Comment closed Mayor Becker closed public comment. 2:32:58 Motion that having considered the staff memorandum and public comment, I move to direct the City Attorney to prepare and file a motion seeking leave of the Montana Federal District Court to file a brief in Alliance for the Wild Rockies v. United States Forest Service for the purposes discussed and if such leave is granted to prepare and file a brief. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor that Having considered the staff memorandum and public comment, I move to direct the City Attorney to prepare and file a motion seeking leave of the Montana Federal District Court to file a brief in Alliance for the Wild Rockies v. United States Forest Service for the purposes discussed and if such leave is granted to prepare and file a brief. 2:33:31 Commission discussion on the Motion The Commission discussed protecting the water supply and litigation. 2:42:18 Vote on the Motion that having considered the staff memorandum and public comment, I move to direct the City Attorney to prepare and file a motion seeking leave of the Montana Federal District Court to file a brief in Alliance for the Wild Rockies v. United States Forest Service for the purposes discussed and if such leave is granted to prepare and file a brief. 12 Minutes of the Bozeman City Commission Meeting, September 17, 2012 Page 7 of 8 Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:42:34 3. Appointment to the Community Affordable Housing Advisory Board (Brunckhorst) 2:42:43 Motion and Vote to appoint Kyle Terrio as a representative on the Community Affordable Housing Advisory Board of an organization providing services to people with low to moderate income. It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Kyle Terrio as a representative on the Community Affordable Housing Advisory Board of an organization providing services to people with low to moderate income. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:43:27 4. Re-appointment to the Northeast Urban Renewal Board (Brunckhorst) 2:43:30 Motion and Vote to reappoint Tom Noble to the Northeast Urban Renewal Board. It was moved by Cr. Mehl, seconded by Cr. Taylor to reappoint Tom Noble to the Northeast Urban Renewal Board. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 2:43:53 I. FYI/Discussion 2:43:57 1. Addition of Addendum to Purchase/Sales Agreement with Exergy Friends of the Story Mansion Mr. Kukulski stated that additional materials will be added to next week's packet in regards to an addendum to the purchase/sales agreement with Exergy Friends of the Story Mansion. 2:45:01 2. Confirmation of a joint meeting with ASMSU 2:48:14 3. Information regarding 2 year schools 2:50:54 4. Haven Community Support 2:51:36 5. Impact Fee Advisory Committee Meeting regarding Impact Fees 2:53:04 6. Letter received for the Sourdough trail head 2:54:20 7. Strategic Implementing Planning Committee 13 Minutes of the Bozeman City Commission Meeting, September 17, 2012 Page 8 of 8 2:55:29 J. Adjournment Mayor Becker adjourned the meeting at 9:46 p.m. ____________________________________ Sean Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 14