Loading...
HomeMy WebLinkAbout04-08-13 Draft Minutes Page 1 of 11 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 8, 2013 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 8, 2013. 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. 0:00:01 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse Ave. 0:00:03 B. Pledge of Allegiance and a Moment of Silence 0:00:40 C. Changes to the Agenda None. 0:00:45 D. Minutes - March 4, 2013 0:00:48 Motion and Vote to approve the minutes of March 4th, 2013 as submitted. It was moved by Commissioner Krauss, seconded by Cr. Andrus to approve the minutes of March 4, 2013 as submitted. Those voting Aye being Crs. Krauss, Andrus, Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:01:22 E. Public Comment Mayor Becker opened general public comment. 0:01:39 Duane Ray, Public Comment Mr. Ray of 7 Candle Light Drive, spoke regarding the Story Mansion item on tonight's agenda and said he has been in contact with a nonprofit who is interested in purchasing the Story Mansion. 0:02:22 Derreck Strahn, Public Comment Todd Wilconson of 415 South 3rd introduced Derrick Strahn of 412 West Harrison. Mr. Strahn said he was a historic preservation officer for the city of Bozeman when the Story Mansion was acquired. He spoke regarding the lack of money he feels the city has spent on historical sites other than that spent on the Story Mansion. 0:04:00 Todd Wilkinson, Public Comment Mr. Wilkinson of 415 South 3rd said he is a former member of the Historic Preservation Advisory Board when the Story Mansion was purchased as well as a journalist. He spoke 6 Bozeman City Commission Minutes, April 8, 2013 Page 2 of 11 regarding the loss of history and historic buildings. He said that the private sector does not have a good record preserving historic buildings. 0:05:23 Derrick Strahn, Public Comment Mr. Strahn of 412 West Harrison spoke about the Story Mansion being a success, speaking of the history of the Mansion and prior talk from private industry of tearing down the Mansion. 0:06:18 Todd Wilkinson, Public Comment Mr. Wilkinson of 415 South 3rd continued speaking of the Story Mansion and how difficult it is to save historic structures but how people never regret saving historic structures. He went on to speak about the history of the cities restoration of the Mansion up to this point. 0:08:15 Derrick Strahn, Public Comment Mr. Strahn continued speaking regarding the Story Mansion and commended Exergy and Friends of the Story Mansion and asked the Commission to provide them more time. 0:09:29 Public Comment Closed Seeing no further public comment, Mayor Becker closed general public comment. 0:09:44 F. Consent 1. Authorize Payment of Claims (LaMeres) 0:09:46 Public Comment on consent Mayor Becker opened public comment on consent. Seeing none, he closed public comment. 0:09:54 Motion and Vote to approve Consent item E. 1 as submitted. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent Item E. 1 as submitted. Those voting Aye being Crs. Andrus, Mehl, Taylor, Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:10:09 G. Action Items 0:10:10 1. Provisional Adoption of Ordinance No. 1856, amending the Bozeman Municipal Code (Code of Ethics) clarifying standards for conflict of interest and provisions and disclosure related to post employment activities (Brunckhorst) 0:10:18 Aimee Brunckhorst, Deputy City Clerk Ms. Brunckhorst began the staff presentation on this item providing a brief context for the discussion. She then introduced Board of Ethics members Chris Carraway, Melissa Frost and Mary Jane McGarity. 0:13:16 Chris Carraway Mr. Carraway, Chair of the Board of Ethics continued the presentation on this item explaining 7 Bozeman City Commission Minutes, April 8, 2013 Page 3 of 11 the Board's guide when they consider changes to the ethics code is the City Charter. He further explained the changes recommended and the reasoning behind them. 0:21:31 Cr. Krauss Cr. Krauss spoke regarding the reasoning behind the State Statutes rules that allows a City Commissioner to vote even when they have a conflict of interest if that vote is needed to move an action forward. He explained to the public that the Commission Rules of Procedure state that a motion must pass or fail by an affirmative vote of three and they would not be able to do that if the Commission was deadlocked because someone had a conflict preventing them from voting. 0:22:06 Chris Carraway Mr. Carraway continued his presentation further explaining the recommended changes. 0:25:01 Chris Carraway Mr. Carraway read the Charter provision 7.015a that deals directly with conflicts of interest and then continued his presentation. 0:26:31 Cr. Mehl Cr. Mehl began questions and clarification regarding the section on individual legal rights. 0:26:54 Chris Carraway Mr. Carraway read the section on private legal rights and then provided an example. 0:28:18 Cr. Mehl Cr. Mehl continued questions. 0:30:26 Greg Sullivan, City Attorney Mr. Sullivan spoke to the wording of the revised changes in the conflict of interest provision explaining why it was written the way it was and providing examples. 0:37:41 Chris Carraway Mr. Carraway suggested moving section F. to the beginning of 520 to ensure the reader would see their personal rights - a concern voiced by Cr. Mehl. 0:38:07 Chris Carraway Chris Carraway continued his presentation moving on to explaining the changes recommended to the post employment and service section of the code. 0:44:22 Mayor Becker Mayor Becker asked a question regarding the noticing time frame recommended. 0:45:43 Aimee Brunckhorst, Deputy City Clerk Ms. Brunckhorst provided clarification regarding the amount of time the public has access to a Commission agenda prior to the meeting explaining it is six days at best. 0:46:35 Cr. Krauss Cr. Krauss asked questions regarding how the notice requirement would work. 8 Bozeman City Commission Minutes, April 8, 2013 Page 4 of 11 0:47:13 Chris Carraway Mr. Carraway provided an example of when the noticing provision applies and when it does not. 0:54:15 Cr. Mehl Cr. Mehl asked for further clarification of the post employment provisions offering an example. 0:55:22 Further Discussion, clarification, questions and examples occurred between the Commissioners, staff and Mr. Carraway with the Board of Ethics. 1:08:36 Public Comment Mayor Becker opened public comment. No person commented so Mayor Becker closed public comment. 1:09:08 Motion to provisionally adopt Ordinance 1856, amending the Bozeman Municipal Code Sections 2.03.520 (clarifying standards for conflicts of interest), 2.03.560 (clarifying provisions related to post employment activities) and 2.03.570 (regarding disclosure of post employment activities). It was moved by Cr. Mehl, seconded by Cr. Taylor to provisionally adopt Ordinance 1856, amending the Bozeman Municipal Code Sections 2.03.520 (clarifying standards for conflicts of interest) and 2.03.560 (clarifying provisions related to post employment activities) and 2.03.570 (regarding disclosure of post employment activities). 1:09:33 Cr. Mehl Cr. Mehl began by thanking Board of Ethics members Chris Carraway, Melissa Frost and Mary Jane McGarity for their hard work on the board. Cr. Mehl then began discussion on the motion. 1:10:22 Discussion on the motion. 1:10:38 Amendment and Vote to the main motion to move amended item F in section 5.20 to become A. (moving the remainder down). It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the main motion to move amended item F in section 5.20 to become A. (moving the remainder down). Those voting Aye being Crs. Mehl, Taylor, Krauss, Andrus and Mayor Becker. Those voting No being none. The amendment to the main motion passed 5-0. 1:11:41 Amendment to the main motion so that what is current section C. 2 should read, "except as authorized pursuant to 2.03.520. A and G." It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the main motion so that what is current section C. 2 should read, "except as authorized pursuant to 2.03.520. A and G." 1:11:57 Cr. Mehl Cr. Mehl explained the reasoning for his amendment. 9 Bozeman City Commission Minutes, April 8, 2013 Page 5 of 11 1:12:33 Vote on the Amendment to the main motion so that what is current section C. 2 should read, "except as authorized pursuant to 2.03.520. A and G." Those voting Aye being Crs. Mehl, Taylor, Krauss, Andrus and Mayor Becker. Those voting No being none. The amendment to the main motion passed 5-0. 1:12:56 Cr. Mehl Cr. Mehl said he felt the Ordinance had several grammatical errors and would ask the City Attorney to make sure any are corrected. 1:13:18 Amendment to the main motion to change (the noticing period for post employment activities) to 6 days as discussed by the Commission. It was moved by Cr. Mehl, seconded by Cr. Krauss to amend the main motion to change (the noticing period for post employment activities) to 6 days as discussed by the Commission. 1:13:58 Discussion on the motion. 1:15:35 Vote on the amendment to the main motion to change (the noticing period for post employment activities) to 6 days as discussed by the Commission. Those voting Aye being Crs. Mehl, Krauss, Andrus, Taylor and Mayor Becker. Those voting No being none. The amendment to the main motion passed 5-0. 1:15:50 Discussion on the main motion. 1:39:04 Vote on the motion as amended to provisionally adopt Ordinance 1856, amending the Bozeman Municipal Code Sections 2.03.520 (clarifying standards for conflicts of interest) and 2.03.560 (clarifying provisions related to post employment activities) and 2.03.570 (regarding disclosure of post employment activities) with the amendment to move amended item F in section 5.20 to become A. (moving the remainder down) and an amendment that what is currently section C. 2 should read, "except as authorized pursuant to 2.03.520. A and G." and an amendment to change (the noticing period for post employment activities) to 6 days as discussed by the Commission. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being Cr. Krauss. The motion as amended passed 4-1 with Cr. Krauss opposed. 1:39:49 Break Mayor Becker called for a break. 1:40:38 Back from Break Mayor Becker called the meeting back to order after a break. 10 Bozeman City Commission Minutes, April 8, 2013 Page 6 of 11 1:40:46 2. Determine Remedy for Exergy Friends of the Story Mansion's Default on Agreement to Purchase the Story Mansion and Develop a Permanent Plan for the Story Mansion (Kukulski) 1:41:01 Chris Kukulski, City Manager Mr. Kukulski began the staff presentation on this item providing a brief history of the agreement with Exergy Friends of the Story Mansion. 1:46:02 Commission questions for staff. 1:47:55 Chris Kukulski Mr. Kukulski continued his presentation. 1:55:41 Further Commission questions for staff. 2:01:11 Andy Epple, President of Exergy Friends of the Story Mansion and Chair of the Friends of the Story Board of Directors, Applicant Mr. Epple provided a presentation on behalf of the Friends of the Story and urged the Commission to not terminate the Agreement, but rather amend the agreement. He read a letter from Exergy Development Group CEO, James Carkulis. 2:08:31 John Stiles, Manager for Exergy Friends of the Story Mansion, Applicant Mr. Stiles continued the presentation on behalf of the applicant saying they would like to redefine the purchase and payment upon purchase to a $30,000 a year payment in advance plus interest on the unpaid balance with all due and payable within six years with the first payment made upon approval and signature of the city. He continued his presentation with further details of what the applicant felt that would mean for the city and further details of what the applicant is proposing for revisions to the agreement. He continued with details regarding how the applicants feel they would comply with the proposed revisions. 2:11:57 The Commission began questions for the applicant. 2:19:59 Public Disclosure from Commissioner Taylor Cr. Taylor provided a disclosure that he and his wife Dedee Taylor have been supporters of historic preservation for as long as he can remember and the Story Mansion has been an object of their concern and they have considered and worked for its preservation over the years they have lived in Bozeman. They have no financial gain or interest in the outcome of this discussion or the outcome of what happens to the Story Mansion, nor do they have a personal interest as Cr. Taylor understands the definition, in the Story Mansion although they both have a serious concern about it. His wife was a founding board member of the Friends of the Story in 2007. When a more permanent board was formed, she resigned from the board and decision making, though she remained to assist with events at the Mansion and was on an advisory board for a period of time. Since the fall of 2011 she has had no affiliation with either the Exergy Friends as a Board member or as an advisory board member. Cr. Taylor said he has discussed this matter with the city attorney on several occasions as he wanted to be clear regarding whether or not any of his involvement or his wife's created a present conflict of interest. Cr. Taylor and City Attorney Sullivan determined there was not a conflict of interest. While Cr. Taylor is deeply concerned about it, he will continue to participate in the decision making here. 11 Bozeman City Commission Minutes, April 8, 2013 Page 7 of 11 2:23:13 Public Comment Mayor Becker opened public comment on this item. 2:23:14 Jane Klockman, Public Comment Ms. Klockman of 713 South Willson said she is speaking as herself as well as founding and current Director of the Story. She spoke regarding her memories, the choices the Commission is facing and the importance of the Mansion. She also spoke regarding the large investment the tax payers have made in the Mansion as well as the many hours of volunteer work. She spoke in favor of the proposal offered by the Friends of the Story. She said that Friends of the Story have been the community component for more than four years and urged the Commission to keep them in the mix no matter what decisions are made. 2:27:01 Jim Walseth, Public Comment Mr. Walseth of 603 West Babcock said he is a long time supporter of the Story Mansion as a public asset. He feels that if the Commission sells the Story Mansion they will be going against the majority of the public. He does not feel this issue is about money. He would urge the Commission to keep the Mansion. 2:29:29 Will Swearingen, Public Comment Mr. Swearingen of 502 South 6th spoke in favor of the city continuing to work with the Friends of the Story Mansion. He said that because of past actions by the Commission and the public, the Story Mansion has never looked better. He mentioned what a major asset it is and said he feels it should remain in the public domain for much more than the 12 days a year that would be required with the Federal easement. He spoke regarding the uniqueness of the Mansion for events. 2:32:36 Bob Hawks, Public Comment Mr. Hawks of 703 West Koch disclosed for the record that he is a prior Mayor. He asked the Commission to find patience with this project and said that the proposal from the Friends is very generous. He said the Story Mansion symbolizes the community. He also said he represents Montana with the National Historic Preservation Trust on their advisory board. He said the importance of the decision to be made has to do with the attitude of the National Trust and its close relationship with the National Parks Service regarding the obligations before the Commission. He would encourage the Commission to honor the investments already made. 2:35:31 Elizabeth Marum, Public Comment Ms. Marum of 814 East Missoula, Belgrade addressed the Commission as someone who has been involved in a lot of events and trying to source venues. She said the Story Mansion is a jewel of art, architecture and function and provides a unique venue and should be treasured in the public trust. 2:36:37 Zachary Morris, Public Comment Mr. Morris of 1019 South Bozeman Avenue asked that all contracts (for events at the Mansion) be honored that remain in place. 2:37:09 George Mattson, Public Comment Mr. Mattson of 47 Hitching Post Road said he was a business person on Main Street for over 40 12 Bozeman City Commission Minutes, April 8, 2013 Page 8 of 11 years. He spoke regarding the city of Billings owning three important cultural facilities with nonprofit entities running them and their future commitments to buy a fourth. He would recommend looking at that model for a solution in this situation. 2:39:06 Bonnie Hash, Public Comment Ms. Hash of 2561 Centennial Drive spoke regarding owning a home on North 9th for 46 years. She spoke of her memories within the Story Mansion and said she financially supports the Friends of the Story Mansion. She spoke regarding the community events that happen at the Mansion and the historic ties within the members of the Friends of the Story Mansion. 2:42:34 Jim Klugm, Public Comment Mr. Klugm, a resident of the South Side and property owner and business owner of the historic district on South Willson, said he is representing people that believe the brightest future for the Story Mansion is best served by the private sector. He spoke regarding the many historic buildings that have been restored and preserved through private investment. He said he represents people who would purchase the Mansion, then renovate and restore and turn the Mansion into a premier lodging Inn with 16 rooms and meeting rooms for the city of Bozeman. Mr. Klugm said his proposal would offer a community center with open access 365 days a year. Conversion of the Mansion to a historic Inn was originally identified by the original Story Mansion Task Force as one of three best uses for the property and was also supported by the National Trust for Historic Preservation and is a solution consistent with the Save Americas Treasure Grant. Mr. Klugm spoke regarding the knowledge that an investment of about $2 million would be needed for renovation costs. He said they have a credible business plan, and are ready to commit the capital to make it happen then spoke further of the benefits he feels this plan would have. 2:46:28 Matt and Lisa Weaver, Public Comment Mr. and Mrs. Weaver of 209 Accola Drive thanked the Mayor and Commissioners for this time to speak and for their efforts to save the Mansion and congratulated the city of Bozeman for its 130th anniversary tomorrow. They also thanked the Exergy Friends of the Story for making a way for the public to interact with the Mansion. They spoke regarding the Mansion as part of a forward looking legacy. They said they are committed to establishing a school of creativity and innovation to empower individuals and develop a new breed of innovators in business, art, innovations and other fields. They are interested in purchasing this property and would honor the cities investment in this property. 2:50:17 Bob Rydell, Public Comment Mr. Rydell of 622 South Grand Avenue spoke regarding the history of Glacier National Park and said when the park was first proposed it was a 10-12 year effort with tremendous opposition, but now most people would not regret the decision to place it in the public domain. He said the Story Mansion is tied to the concept of a national treasure and spoke to the extended length of time and patience that such processes take. He would urge the Commission to take the proposal offered by the Friends of the Story very seriously and said that he feels most community members would be in favor of. 2:52:34 KC Walsh, Public Comment Mr. Walsh, President of Simms Fishing Products lives a block away from the Mansion and said 13 Bozeman City Commission Minutes, April 8, 2013 Page 9 of 11 he served on the original Story Mansion Task Force. Since that time he feels the city has done a great job meeting all the original goals stated - preserving the Mansion and the open space around it. He feels it is now time to declare victory and move on. He would support the sale of the Story Mansion back to private ownership for the conversion of the Story to a historic Inn that was identified as the highest and best use for such properties by the Task Force and with the support of the regional office for the National Trust for Historic Preservation. He provided background regarding the Klugm's, their experience, the plan proposed by Mr. Klugm and Mr. Walsh's reasoning for his support. 2:55:14 Billy McWilliams, Public Comment Mr. McWilliams of 1513 South Grand said he supports the Friends of the Story Mansion project. He feels that selling it to private hands would be turning your back on all the folks that spent time, effort and passion to put it together. He spoke regarding the success they have had running the Mansion and referred to the history of the Mansion, tying into the present. 2:56:40 Lynea Seher, Public Comment Lynea Seher of 177 Mountain Lion Trail said her daughter was married in the Story Mansion this last summer and said many of the guests from the East were very impressed with the venue. She said she appreciates all of the work the Friends of the Story have done in the last several years and feels we owe it to them to have faith in continuing to work with them. 2:58:01 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 2:58:08 Chris Kukulski Mr. Kukulski clarified that all rental reservations that are scheduled in the Story Mansion will be honored. He also spoke to the manner in which the financial reports have been handled by city staff per Commission direction explaining they show no overhead expenses whatsoever. 3:00:46 Motion that finding Exergy Friends of the Story Mansion in default of the Agreement to Sell and Purchase Real Property for not having closed by the time required in the Addendum to the Agreement, I move the City terminate the Agreement. It was moved by Cr. Taylor, seconded by Cr. Krauss that finding Exergy Friends of the Story Mansion in default of the Agreement to Sell and Purchase Real Property for not having closed by the time required in the Addendum to the Agreement, I move the City terminate the Agreement. 3:01:21 Commission discussion on the motion. 3:03:55 Vote on the motion that finding Exergy Friends of the Story Mansion in default of the Agreement to Sell and Purchase Real Property for not having closed by the time required in the Addendum to the Agreement, I move the City terminate the Agreement. Those voting Aye being Crs. Taylor, Krauss, Andrus, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 14 Bozeman City Commission Minutes, April 8, 2013 Page 10 of 11 3:04:21 Motion to direct the City Manager to investigate options #'s 1 and 2 presented in this memorandum and develop a permanent plan for receiving proposals for the sale of the Story Mansion which could include either a private sale under the selling at no less than 90% of appraised value or proposals consistent with the previous proposal to a nonprofit. It was moved by Cr. Taylor, seconded by Cr. Andrus to Motion to direct the City Manager to investigate options #'s 1 and 2 presented in this memorandum and develop a permanent plan for receiving proposals for the sale of the Story Mansion which could include either a private sale under the selling at no less than 90% of appraised value or proposals consistent with the previous proposal to a nonprofit. 3:05:00 Public Disclosure by Cr. Taylor Cr. Taylor offered a disclosure that he has facilitated meetings over the years regarding the Story Mansion for free. 3:05:26 Commission Discussion on the Motion 3:42:41 Cr. Taylor clarified the intent of his motion. Cr. Taylor explained that his motion intent was that city staff return to the Commission with a hybrid of options one and two and a proposal on how to proceed with option 3 removed. 3:43:05 The Commission and staff further discussed how the motion would be operationalized. 3:45:36 Rules of Procedure suspended. Mayor Becker suspended the rules of procedure to allow the meeting to be extended for another 30 minutes. 3:45:44 Commission and staff continued their discussion regarding the intent of the motion and how it should be operationalized. 3:57:16 Vote on the motion to direct the City Manager to investigate options #'s 1 and 2 presented in this memorandum and develop a permanent plan for receiving proposals for the sale of the Story Mansion which could include either a private sale under the selling at no less than 90% of appraised value or proposals consistent with the previous proposal to a nonprofit. Those voting Aye being Crs. Taylor, Andrus, Mehl, Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:57:46 H. FYI/Discussion 3:58:19 1. Building Permits Chris Kukulski reported the first quarter of the fiscal year we received applications for permits for 70 homes, with the second quarter 70 and the third quarter increased to140 homes. The new Community Development Director, Wendy Thomas will be starting Wednesday. The city has also been hiring in capacities that will assist with processing the increased applications. It was the third busiest March in a decade. 15 Bozeman City Commission Minutes, April 8, 2013 Page 11 of 11 3:59:36 2. Cr. Krauss will be absent at the next Commission meeting. I. Executive Session - City Manager Evaluation Follow Up The Executive Session will be moved to a future meeting in the interest of time. 4:00:10 J. Adjournment Mayor Becker adjourned the meeting at 10:15 p.m. ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Brunckhorst, Deputy City Clerk Approved on __________________________ 16