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HomeMy WebLinkAboutNovember 12, 2013 City Commission Minutes, draft Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, November 12, 2013 Deputy Mayor - Jeff Krauss: Present Mayor - Sean Becker: Present Commissioner - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 06:00:26 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6:00 p.m. B. 06:00:34 PM Pledge of Allegiance and a Moment of Silence C. 06:01:12 PM Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. D. 06:01:19 PM Minutes – October 28, 2013 (Ulmen)  06:01:24 PM Motion and Vote to approve the minutes of October 28, 2013 as submitted. Commissioner - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve E. 06:01:42 PM Consent 95 Bozeman City Commission Minutes, November 12, 2013 Page 2 of 9 1. Authorize Payment of Accounts Payable Claims (LaMeres)  2. Authorize Director of Public Works to approve the Block M, Phase 1, Major Subdivision Final Plat, Application P13032 (Riley)  3. Accept Housing Affordability Quarterly Report ending September 30, 2013 (Thomas)  4. Approve Canceling the Regular City Commission meeting on Monday, November 25, 2013 (Ulmen)  5. Approve Resolution 4490, Approving Change Order 5 for the Hyalite/Sourdough Water Treatment Plant Replacement Project (Murray)  6. Adopt the Library Depreciation Reserve Capital Improvement Plan (CIP) for Fiscal Years 2015-2019 (Rosenberry)  06:01:46 PM Public Comment Mayor Becker opened public comment on the Consent Agenda. No person commented. Mayor Becker closed public comment. 06:02:05 PM Motion and Vote to approve Consent Items E. 1-6 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve F. 06:02:22 PM Public Comment 06:02:54 PM Chris Pope, Public Comment Mr. Pope spoke regarding being on a prior task force for the Story Mansion. The building has been saved. Sustainability is key going forward. 06:06:42 PM Jane Klockman, Public Comment Ms. Klockman spoke regarding her past and professional connections with the Story Mansion and urged the Commission to consider the importance of time. It requires a public stake. 06:11:02 PM Public Comment Closed Mayor Becker closed public comment. G. 06:11:07 PM Action Items 96 Bozeman City Commission Minutes, November 12, 2013 Page 3 of 9 1. 06:11:11 PM Preliminary Plat to subdivide 39 acres into 56 Residential Single Household Lots, Streets, Common Open Space, and Parkland for West Winds Major Subdivision, Phase 6, southeast of the intersection of Baxter Lane and Davis Lane, Application P13023 (Quasi-Judicial) (Krueger)  06:11:45 PM Staff Presentation Staff Planner Brian Krueger gave the staff presentation for the Preliminary Plat to subdivide 39 acres into 56 Residential Single Household Lots, Streets, Common Open Space, and Parkland for West Winds Major Subdivision, Phase 6, southeast of the intersection of Baxter Lane and Davis Lane, Application P13023. 06:18:59 PM Commission Questions for Staff The Commission and Staff discussed road improvements, installation of bike lane and connectivity. 06:23:46 PM Applicant Presentation The Applicant representative gave the applicant presentation for the Preliminary Plat to subdivide 39 acres into 56 Residential Single Household Lots, Streets, Common Open Space, and Parkland for West Winds Major Subdivision, Phase 6, southeast of the intersection of Baxter Lane and Davis Lane, Application P13023. 06:26:23 PM Commission Questions for Applicant 06:26:50 PM Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 06:27:08 PM Motion that having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P13023 and move to approve the preliminary plat for the West Winds Major Subdivision, Phase 6 requested in application P13023 to subdivide approximately 39 acres into 56 lots with the remaining area as streets, common open space, and parkland subject to the conditions listed in Planning Board Resolution P13023. Commissioner - Chris Mehl: Motion Deputy Mayor - Jeff Krauss: 2nd 06:27:53 PM Commission Discussion on the Motion The Commission discussed the project area of the application and upgrades in transportation routes, master planning, park corridors, waivers of right to protest and special improvement districts. 06:31:56 PM Vote on the Motion that having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings 97 Bozeman City Commission Minutes, November 12, 2013 Page 4 of 9 presented in the staff report for P13023 and move to approve the preliminary plat for the West Winds Major Subdivision, Phase 6 requested in application P13023 to subdivide approximately 39 acres into 56 lots with the remaining area as streets, common open space, and parkland subject to the conditions listed in Planning Board Resolution P13023. Commissioner - Chris Mehl: Motion Deputy Mayor - Jeff Krauss: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 2. 06:32:11 PM Consider Proposals to Purchase or Obtain by Gift the Story Mansion and Associated Property at 811 South Willson Avenue (Kukulski)  06:32:43 PM Staff Presentation City Manager Chris Kukulski gave the staff presentation regarding Consideration of Proposals to Purchase or Obtain by Gift the Story Mansion and Associated Property at 811 South Willson Avenue. City Attorney Sullivan spoke regarding the Request for Proposals, Municipal Code provisions, and components of the deal with the Friends of the Story. 06:44:46 PM Commission Questions for Staff 06:46:17 PM Disclosure Cr. Taylor disclosed his prior affiliations with the Story Mansion. Upon discussions with the City Attorney, he does not need to abstain from the discussion. 06:48:26 PM Applicant Presentation for the Bozeman Art Museum Linda Williams gave the presentation for the Bozeman Art Museum. 06:56:43 PM Commission Questions for Applicant The Commission and Applicant discussed capital funding, business plans, configurations for the second and third stories of the building, background experience of running a museum, grant funding, parking lot needs, agreement with MSU if this proposal is accepted and the availability of an Art collection to be displayed. 07:04:24 PM Applicant Presentation for the Montana Center for Civic Engagement Bob Hawks gave the presentation for the Montana Center for Civic Engagement. 07:15:39 PM Commission Questions for Applicant 98 Bozeman City Commission Minutes, November 12, 2013 Page 5 of 9 The Commission and Applicant discussed the need for more time on this proposal, funding sources, the carriage house, the grounds, experience by the applicant and the involvement of Senator Baucus. 07:34:40 PM Applicant Presentation for the Story Mansion Inn Group Jim Klug gave the presentation for the Story Mansion Inn group. 07:49:05 PM Commission Questions for Applicant The Commission and applicant discussed the financial numbers, tax numbers, the amount on the board for this proposal, public use, experience by the applicant, partnerships, source for capital and security of funding, the grounds, the amount of rooms and the zoning of the area. 08:04:10 PM Applicant Presentation for the Tree of Life Ministries Matt Weaver gave the applicant presentation for the Tree of Life Ministries. 08:11:24 PM Commission Questions for Applicant The Commission and Applicant discussed the possible appraisal amounts, who would attend this school, the applicant’s experience, a business plan, a maintenance and performance bond, funding security, the grounds and parking needs. 08:18:13 PM Break Mayor Becker declared a break. 08:40:50 PM Back to Order Mayor Becker called the meeting back to order 08:40:56 PM Public Comment Mayor Becker opened public comment. 08:41:57 PM Colette Kirchoff, Public Comment Ms. Kirchoff urged the Commission to keep the Mansion in City hands and also read a letter on behalf of Todd Wilkinson who stated the same. 08:45:23 PM Steve Kirchoff, Public Comment Mr. Kirchoff stated that the Mansion belongs on the City docket. There is no reason to sell the Story Mansion but instead the City should engage in a partnership. 08:48:40 PM Lori Dalton, Public Comment Ms. Dalton stated that there is a need for a community center and urged the Commission to keep the building 08:51:51 PM Will Swearingen, Public Comment Mr. Swearingen encouraged the Commission not to sell the Story Mansion. 08:55:03 PM Stephanie Newman and Madan Newhouse, Public Comment 99 Bozeman City Commission Minutes, November 12, 2013 Page 6 of 9 Ms. Newman and Newhouse stated that they are professors at MSU and spoke regarding provide a community print center. There are grants available. This will be in conjunction with the museum proposal. 08:57:45 PM Erin Rankin, Public Comment Ms. Rankin spoke regarding being a student at Tree of life and urged the Commission to consider their proposal. 08:58:42 PM Elaine Tahatta, Public Comment Ms. Tahatta spoke regarding her former husband who was a French mayor and spoke regarding the museum in the City that we was Mayor for. She spoke regarding the economic impacts. 09:00:19 PM Isaac Glen, Public Comment Mr. Glen stated that he is a fulltime student of creativity at the Tree of Life. He spoke regarding legacy. 09:01:44 PM Jeff Smith, Public Comment Mr. Smith stated that he is a neighbor to Story Mansion. He feels that it is time to move it into private hands. He recommends the school and that it would be a benefit. 09:04:55 PM Carl Borequist, Public Comment Mr. Borequist stated that he feels there is lack of information from the proponents. 09:07:12 PM Doug Young, Public Comment Mr. Young that this is one thing that would be good for Bozeman. He urged that the Commission look at offer by Tree of Life. 09:08:30 PM Drew Lemons, Public Comment Mr. Lemons stated that art is powerful and creativity is powerful. He spoke in support of Tree of Life. 09:10:25 PM Lisa Small, Public Comment Ms. Small stated that she is a student at creativity and urged the Commission to support the Tree of Life proposal. 09:11:28 PM Barb Smith, Public Comment Ms. Smith spoke in support of the Tree of Life proposal. 09:12:07 PM Susan Blackwood, Public Comment Ms. Blackwood spoke in support of the Museum proposal. 09:15:49 PM Geralynn Derks Bradour, Public Comment Ms. Bradour stated that she is a traveling artist. She spoke in support of the Museum proposal. 09:18:01 PM Nada Gilbertson, Public Comment 100 Bozeman City Commission Minutes, November 12, 2013 Page 7 of 9 Ms. Gilbertson spoke in support for the Museum proposal. 09:18:41 PM Benjamin Pepka, Public Comment Ms. Pepka spoke regarding his experience as a Museum manager. He spoke in support of the Museum. 09:20:54 PM No Name given, Public Comment Spoke in favor of Tree of Life proposal. 09:22:08 PM Kacey Walsh, Public Comment Mr. Walsh stated that he lived a block from the Mansion. He was on the original Task Force for the Mansion. He spoke in support of the Inn proposal. 09:24:25 PM Judy Parks, Public Comment Ms. Parks spoke in supports the Inn proposal. She feels that it will be a nice addition to the neighborhood. 09:25:17 PM Callie McLane, Public Comment Ms. McLane spoke in support of the school for creativity. 09:26:55 PM Public Comment closed Mayor Becker closed public comment. 09:27:06 PM Commission questions for staff. The Commission and staff discussed the history of the purchase of the Mansion, the amount of work left to do, the need for additional funding for the renovations, restoring credibility, due diligence, stewardship, the need for real costs, fair market offers, the need to know the appraised value of the Mansion, effects on the Community, sustainability, more information needed on business plans and market plans, the need to see additional financial information from the applicants, the need to determine the most credible offer, and the communication of financial surety by the Applicants. 10:05:39 PM Meeting extended Mayor Becker extended the meeting to 10:30 p.m. 10:05:54 PM Mr. Sullivan. Mr. Sullivan highlighted the clause in a previous contract for the Story Mansion. The Commission agreed that is the language to be followed. 10:07:12 PM Motion to authorize the City Manager to proceed with the steps necessary to negotiate the sale of the Story Mansion and associated property within 811 South Willson Avenue, by obtaining one or more appraisals depending upon the City Manager’s judgment, and examining financial surety of the applicants as indicated in the Clause (as read by Attorney Sullivan) 101 Bozeman City Commission Minutes, November 12, 2013 Page 8 of 9 Deputy Mayor - Jeff Krauss: Motion Commissioner - Carson Taylor: 2nd 10:09:05 PM Commission discussion on the Motion The Commission discussed a purchase and sale agreement and time limits, and the elimination of the gifting agreement in the original motion. 10:10:39 PM Amendment to the Main Motion and Vote to add “and/or a gifting agreement”. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss: Disapprove Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 10:10:44 PM Commission discussion on the Amendment to the Main Motion. 10:15:04 PM Vote on the Main Motion as amended to authorize the City Manager to proceed with the steps necessary to negotiate the sale and/or a gifting agreement, of the Story Mansion and associated property within 811 South Willson Avenue, by obtaining one or more appraisals depending upon the City Manager’s judgment, and examining financial surety of the applicants as indicated in the Clause (as read by Attorney Sullivan) Deputy Mayor - Jeff Krauss: Motion Commissioner - Carson Taylor: 2nd Deputy Mayor - Jeff Krauss: Disapprove Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve 3. 10:15:35 PM Appointment to the Recreation and Parks Advisory Board (Brunckhorst)  10:15:39 PM Motion and Vote to appoint Matt Hausauer to the Recreation and Parks Advisory Board. Commissioner - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve 102 Bozeman City Commission Minutes, November 12, 2013 Page 9 of 9 Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve H. 10:15:59 PM FYI/Discussion 1. City Manager Evaluations 2. City Holiday Party 3. Early Start times for Commission meetings in December I. 10:18:04 PM Adjournment Mayor Becker adjourned the meeting at 10:18 p.m. ______________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________ 103