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HomeMy WebLinkAboutDecember 3, 2012 Minutes 1 of 7 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 3, 2012 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, December 3, 2012. Present were Mayor Sean Becker, Commissioner Cyndy Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Brunckhorst. 0:00:09 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:56 B. Pledge of Allegiance and a Moment of Silence 0:01:13 C. Changes to the Agenda 0:01:16 City Manager Chris Kukulski asked that consent item D-3 be removed from the agenda to be placed on a future agenda. 0:01:33 D. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign an Amendment to the Professional Services Agreement with Tetra Tech Inc. for continued post-closure of ground water monitoring at the Story Mill Landfill (Johnson) 3. Authorize City Manager's signature on a Professional Services Agreement with CTA Architects and Engineers to complete a Structural Analysis of the Passenger Depot at 820 Front Street (Thorpe) 4. Approve changing the Commission meeting time from 6 to 10 p.m. to 11 a.m. to 1 p.m. on Monday, December 17th (Ulmen) 5. Approve the Interlocal Agreement between School District 7 and the City of Bozeman to establish the process and guidelines relative to school citing and development and the creation of Tax Increment Financing Districts (Kukulski) 6. Approve a Mayoral Proclamation Celebrating Rhodes Scholars Amanda Frickle and Joseph Thiel (Brunckhorst) 7. Finally Adopt Ordinance No. 1849, Amending Chapter 36, Article 4 of the Bozeman Municipal Code related to parking standards and parking 24 Minutes of the Bozeman City Commission, December 3, 2012 2 of 7 facilities, applying the "rolling rule" to city facilities and amending the fine for section 36.04.260(D) (Lee) 0:01:34 Public Comment on Consent Mayor Becker opened public comment on Consent items 1, 2, 4, 5, 6 and 7. No person commented, Mayor Becker closed public comment. 0:01:44 Motion and Vote to approve Consent items 1,2, 4, 5, 6 and 7. It was moved by Cr. Mehl, seconded by Taylor to approve Consent items 1,2, 4, 5, 6 and 7. Those voting Aye being Crs. Mehl, Taylor, Krauss, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:02:11 E. Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:02:31 F. Mayoral Proclamation - Celebrating Rhodes Scholars Amanda Frickle and Joseph Thiel Mayor Becker read aloud the Mayoral Proclamation. 0:04:26 G. Action Items 0:04:27 1. Update on the impending end to the two year stay of demolition for the remaining portions of the Bozeman Lehrkind Brewery site located at 801/803 North Wallace Avenue (No official action is required by the City Commission.) (Brekke) 0:04:46 Allyson Brekke, Associate Planner and Neighborhood Coordinator in the office of Community Development Ms. Brekke provided the staff presentation on this item. 0:08:00 The Commission began questions for staff. 0:18:36 Public Comment Mayor Becker opened public comment on this item. 0:18:57 David Chambers, Public Comment Mr. Chambers of 224 North Church Avenue referred to the original Commission motion on the brewery wall from January 10, 2011. He said that since that time NENA has worked on a number of fronts to save the wall. The developer has not replied to any attempts to contact them. He spoke regarding the indications they have been given by the city on this issue and the confusion behind it. Fundraisers need two things to raise money to stabilize the wall. They need an engineering design for a cost estimate and a way to implement the design strategy. NENA is having an engineering design prepared. They can only hope the developer will change their 25 Minutes of the Bozeman City Commission, December 3, 2012 3 of 7 course and work with us in good faith or the Commission can find some way to stay or deny a demolition permit. 0:21:53 Chris Nixon, Public Comment Mr. Nixon of 719 North Wallace Avenue spoke to the important value of the Brewery District. If the brewery wall were to come down it would eliminate all of the associated opportunities. They would hope that the developers will see the value in the wall and they would like to be able to meet with the developer in person. If there is any kind of mechanism or leadership the city can offer to get the developers to meet with the city and NENA face to face, it would be appreciated. Mr. Nixon also spoke to the views of investors and developers regarding the wall. 0:25:22 Jami Lorenz, Public Comment Ms. Lorenz of Beaudette Consultant Engineers explained she was brought into this project late last week by John Gerster. She explained that Beaudette has worked on a donation basis to save structures like this in the past and they are interested in helping with this project. They feel confident they could stabilize the wall to allow more time for solutions to save the wall. 0:26:38 Cr. Andrus asked questions of Ms. Lorenz. 0:26:53 Charlotte Knighton, Public Comment Ms. Knighton of 501 North Church Avenue asked if the Commission had the right to do anything in this case. 0:27:32 Jeanne Wesley-Wiese, Public Comment Ms. Wesley-Wiese of 707 North Wallace brought up the core values of the city and said she feels the Commission owes it to the neighborhood to come up with a better solution than the wall coming down because they worked really hard to save the wall. She feels the heritage and character of the neighborhood are being stripped away. 0:28:55 Matt Stash, Public Comment Mr. Stash of 516 North Wallace Avenue came to voice his support for trying to find a solution to keep the brewery wall. 0:29:59 Amy Hoitsma, Public Comment Ms. Hoitsma of 702 East Peach Street said she hopes there is something that can be done to make these developers follow through on a vision that we all went along with. She asked that the Commissioners not give up and help prevent this from happening. 0:30:51 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 0:30:56 Commission Discussions. 0:31:02 Greg Sullivan, City Attorney Mr. Sullivan answered a question provided by Ms. Knighton within public comment. 0:33:22 The Mayor and Commissioners continued discussion and questions. 26 Minutes of the Bozeman City Commission, December 3, 2012 4 of 7 0:53:25 Motion to ask staff to prepare a letter reflecting our discussion to send to Scalla Properties and direct staff to review the discussion we just had and the Ordinance in light of that discussion and come back to us with any suggestions about how we would stop the automatic demolition of any structure in the city. It was moved by Cr. Krauss, seconded by Cr. Taylor to ask staff to prepare a letter reflecting our discussion to send to Scalla Properties and direct staff to review the discussion we just had and the Ordinance in light of that discussion and come back to us with any suggestions about how we would stop the automatic demolition of any structure in the city. 0:54:00 Discussions on the motion. 1:06:38 Vote on the motion to ask staff to prepare a letter reflecting our discussion to send to Scalla Properties and direct staff to review the discussion we just had and the Ordinance in light of that discussion and come back to us with any suggestions about how we would stop the automatic demolition of any structure in the city. Those voting Aye being Cr. Krauss, Taylor, Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:07:27 Break Mayor Becker called for a short break. 1:23:22 Back from Break Mayor Becker called the meeting back to order after break. 1:23:23 2. Adoption of the General Fund Capital Improvement Plan for Fiscal Years 2014 - 2018 (Rosenberry) 1:23:28 Anna Rosenberry, Director of Administrative Services Ms. Rosenberry provided the staff presentation on this item. 1:34:40 The Commission began questions for staff. 2:25:26 Public Comment Mayor Becker opened public comment on this item. Seeing none, Mayor Becker closed public comment. 2:25:49 Motion to approve the general fund capital improvement plan for fiscal years 2014 - 2018. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the general fund capital improvement plan for fiscal years 2014 - 2018. 2:26:10 Discussions on the motion. 2:26:18 Commissioner Taylor confirmed that his motion was made with the intention of including several modifications as indicated in the Commission Discussion. 27 Minutes of the Bozeman City Commission, December 3, 2012 5 of 7 The plan should not include item GF168 and a note should be made on the Mandeville and Aquatics description pages that plans were still forthcoming and had not been approved. 2:36:58 Further discussions on the motion. 2:37:11 Vote on the motion to approve the general fund capital improvement plan for fiscal years 2014 - 2018. Those voting Aye being Crs. Taylor, Andrus, Mehl, Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:37:30 Motion to request that the city manager and finance director come back with a CIP in the most general terms that notifies the public of our intention to sell bonds and spend up to 15 million dollars over the same period (FY14 - 18). It was moved by Cr. Krauss, seconded by Cr. Andrus to request that the city manager and finance director come back with a CIP in the most general terms that notifies the public of our intention to sell bonds and spend up to 15 million dollars over the same period (FY14 - 18). 2:37:45 Discussions on the motion. 2:39:41 Vote on the motion to request that the city manager and finance director come back with a CIP in the most general terms that notifies the public of our intention to sell bonds and spend up to 15 million dollars over the same period (FY14 - 18). Those voting Aye being Cr. Krauss, Andrus, Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:40:06 3. Adoption of the Library Depreciation Reserve Capital Improvement Plan for Fiscal Years 2014 - 2018 (Rosenberry) 2:40:08 Anna Rosenberry, Director of Administrative Services Ms. Rosenberry provided the staff presentation on this item. 2:45:23 Commissioners began question for staff. 2:59:45 Public Comment Mayor Becker opened public comment. No person commented, Mayor Becker closed public comment. 3:00:07 Motion and Vote to adopt the Library Depreciation Reserve Capital Improvement Plan for Fiscal Years 2014 - 2018. 28 Minutes of the Bozeman City Commission, December 3, 2012 6 of 7 It was moved by Cr. Andrus, seconded by Cr. Mehl to adopt the Library Depreciation Reserve Capital Improvement Plan for Fiscal Years 2014 - 2018. Those voting Aye being Crs. Andrus, Mehl, Taylor, Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:00:37 4. Resolution No. 4419 suspending independent operation of the Board of Adjustment and retaining to the Commission the powers of the Board of Adjustment (Saunders) 3:01:05 Chris Saunders, Department of Planning and Community Development Mr. Saunders provided the staff presentation for this item. 3:03:38 The Commission began questions for staff. 3:04:26 Public Comment Mayor Becker called for public comment. Seeing none, Mayor Becker closed public comment. 3:04:38 Motion to approve Resolution No. 4419, suspending the independent operation of the Board of Adjustment and retaining to the Commission the powers of the Board of Adjustment. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4419, suspending the independent operation of the Board of Adjustment and retaining to the Commission the powers of the Board of Adjustment. 3:05:13 Discussions on the motion. 3:06:33 Vote on the motion to approve Resolution No. 4419, suspending the independent operation of the Board of Adjustment and retaining to the Commission the powers of the Board of Adjustment. Those voting Aye being Crs. Mehl, Taylor, Krauss, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:06:41 H. FYI/Discussion 3:06:42 1. Letter received from the Downtown Bozeman Improvement District (BID) asking the Commission to retract action regarding the need hearing for the surface parking lot. Mayor Becker said he responded to this letter with some questions but has not yet heard back. He is not willing to place this on an agenda until he hears back and Commissioners respond that they would like to see this on an agenda. 29 Minutes of the Bozeman City Commission, December 3, 2012 7 of 7 3:07:23 2. Article in the magazine 'The Mountain' about bouldering within the city. Cr. Mehl spoke regarding an article in the magazine The Mountain reported to him by staff Mitch Overton that quotes staff Thom White regarding the climbing boulders installed. The article cites Bozeman as an example about how a little city money and a lot of volunteers can go a long way towards these types of projects. 3:08:25 I. Adjournment Mayor Becker adjourned the meeting at 9:12 p.m. ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Brunckhorst, Deputy City Clerk Approved on ___________________________ 30