HomeMy WebLinkAbout03-24-14 City Commission Minutes, draft_2
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, March 24, 2014 Mayor - Jeff Krauss: Present
Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk
Stacy Ulmen. A. 06:01:47 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North
Rouse
Mayor Krauss called the meeting to order at 6:01 p.m.
B. 06:02:04 PM Pledge of Allegiance and a Moment of Silence
C. 06:03:33 PM Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to
the Agenda. Mr. Kukulski stated no.
D. 06:03:39 PM Minutes – March 17, 2014
06:03:51 PM Motion and Vote to approve the minutes of March 17, 2014 as submitted. Commissioner - I-Ho Pomeroy: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve E. 06:04:20 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize Bozeman Fire Department American Medical Response Safety-
Net Agreement (Shrauger)
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3. Authorize as Grantee, with Park Street Holdings, LLC as Grantor, a
Drainage and Access Easement, a Mutual Access Easement and
Agreement, a Public Trail Access Easement, and a Sewer and Water
Pipeline and Access Easement and Agreement, for the proposed Town Pump 8 convenience station at Huffine Lane and Cottonwood Road,
Application Z-13132 (Heaston)
4. Approve request for Cash in Lieu of Parkland Dedication for the Peach &
Black Residences Site Plan and Certificate of Appropriateness with Variance from minimum lot size requirement, Application Z13254
(Rogers)
5. Approve Resolution 4513 consenting to Appointing Firefighters in
Accordance with Montana Code Annotated 7-33-4106 (Shrauger)
6. Approve Resolution 4519 authorizing the Use of an Alternative Project
Delivery Contract for a Construction Manager/General Contractor for
Preconstruction and Construction Services for the Bozeman Police and
Municipal Courts Building (Winn) 7. Finally Adopt Ordinance 1884 approving the Oak Meadows II Zone Map
Amendment to rezone existing R-4 (Residential High Density) to B-2
(Community Business), south of Oak Street between 12th and 14th
Avenues, Application Z13175 (Rogers)
06:04:25 PM Public Comment on the Consent Agenda.
Mayor Krauss opened public comment on the Consent agenda No person Commented.
Mayor Krauss closed public comment.
06:04:29 PM Motion and Vote to approve Consent Items E. 1-7 as submitted.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve F. 06:04:51 PM Public Comment Mayor Krauss opened general public comment.
06:05:31 PM Al Lazaritz, Public Comment
Mr. Lazaritz urged that the Commission take serious and deliberate thought of what this
means to the majority of citizens. 06:07:59 PM Christopher Spogis, Public Comment
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Mr. Spogis spoke in support of Resolution No. 4517, allocating TOPS funds for the Story
Mill Park project.
06:08:49 PM Ross Hartman , Public Comment Mr. Hartman spoke regarding a possible Non-Discrimination Ordinance, segregation and
acceptance.
06:11:59 PM Nate Sloth, Public Comment
Mr. Sloth spoke regarding a possible Non-Discrimination Ordinance and his teachings at Manhattan Christian Schools. He urged that there is a need to avoid entanglement in churches.
06:13:52 PM Reno Walsh, Public Comment
Mr. Walsh spoke in support of a possible Non-Discrimination Ordinance, He also spoke regarding train noise in Bozeman and asked that the City enforce quite zones. North Rouse and L street especially.
06:15:45 PM John Swanson, Public Comment
Mr. Swanson spoke regarding increased train traffic and noise complaints. 06:17:04 PM Tom Marsh, Public Comment
Mr. Marsh spoke regarding a possible Non-Discrimination Ordinance. He urged that the
Commission obtain insight into gay or trans-gender cultures. Please act in support of
Bozeman’s gay citizens. 06:20:34 PM Clark Sherman, Public Comment
Mr. Sherman stated that he is a pastor and spoke regarding his involvement in Bozeman.
He supports a possible Non-Discrimination Ordinance. No one is in danger of losing their
religious rights.
06:25:01 PM Steve Schmidt, Public Comment
Mr. Schmidt stated that he is a pastor and spoke in support of a possible Non-
Discrimination Ordinance.
06:27:43 PM Nina Grave, Public Comment
Ms. Grave stated that she is a pastor and spoke in support of a Non-Discrimination
Ordinance.
06:31:06 PM Chris Nessa, Public Comment Ms. Nessa spoke in support of the TOPS funding for the Story Mill Park project.
06:32:06 PM John McKenney, Public Comment
Mr. McKenney spoke in support of the TOPs funding for the Story Mill Park project.
This is engaging young people.
06:33:52 PM Phillip Benke, Public Comment
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Mr. Benke stated that he is an ordained minister and spoke regarding a possible Non-
Discrimination Ordinance. He also spoke regarding controls in sexuality and the purity
model. This is a faith question and is something unseen.
06:37:58 PM Debrah Ramsdahl, Public Comment
Ms. Romsdahl spoke in favor of a proposed Non-Discrimination Ordinance.
06:39:21 PM Dan Lori, Public Comment
Mr. Lori spoke in support of a proposed Non-Discrimination Ordinance. 06:42:36 PM William Meeler, Public Comment
Dr. Meeler spoke in support of the Story Mill Park project.
06:45:22 PM Charlotte Knighten, Public Comment Ms. Knighten urged the Commission to vote for the Story Mill Park project.
06:46:32 PM Bobbie Geist, Public Comment
Ms. Geist asked the Commission to reflect on a moment in the outdoors. She spoke in
support of Story Mill Park proposal. 06:49:35 PM Tyson Sealman, Public Comment
Mr. Sealman spoke in support of the Story Mill Park proposal and stated that it is an
under-used area. The public lacks in benefit. He spoke in support of a proposed Non-
discrimination Ordinance. 06:51:11 PM Lorene Breath, Public Comment
Ms. Breath stated that she represents the Sacajawea Audubon and they are hosting a state
wide festival. She spoke in support of the Story Mill Park project.
06:53:59 PM Allyson Harmon, Public Comment
Ms. Harmon spoke in support of the Story Mill Park project.
06:55:20 PM Correen Arby, Public Comment
Ms. Arby spoke in support of the Story Mill Park project.
06:56:39 PM Auto Sign, Public Comment
Mr. Sign spoke in support of the Story Mill Park project. He focused his comments on the
southern area.
06:59:03 PM Steve Carpenado, DEQ
Mr. Carpenado spoke in support of the Story Mill Park project and urged the Commission
to support the project
07:02:17 PM Cathy Brown, Public Comment
Ms. Brown spoke regarding a gay family member relocating to Bozeman and spoke in favor of a possible Non-Discrimination Ordinance.
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07:04:13 PM Tom Hines, Public Comment
Mr. Hines spoke in support of the TOPS funded Story Mill park project.
07:05:17 PM Kelly Wiseman, Public Comment Mr. Wiseman spoke in support of the Tops funded Story Mill Park proposal. Bridger
Bowl would like to be partners in the project.
07:07:17 PM Conrad Anchor, Public Comment
Mr. Anchor spoke in support of the Story Mill park proposal. 07:09:15 PM Abrey Walth, Public Comment
Ms. Walth stated that she is the Chair of the Farm to School program and spoke in
support of the Story Mill park proposal.
07:12:08 PM Ann Banks, Public Comment
Ms. Banks stated that she was on a past advisory board that reviewed the prior project for
the Story Mill park property. She spoke in support of the Story Mill park project.
07:15:43 PM Jennifer Mellington, Public Comment. Ms. Mellington spoke in support of the Story Mill park project.
07:17:02 PM Public Comment Closed.
Mayor Krauss closed public comment. G. 07:17:14 PM Special Presentations
1. 07:17:22 PM Firefighter Swearing In Ceremony (Krauss) Mayor Krauss administered the Oath of Office to Firefighter Jesse Layton.
2. 07:21:24 PM Distinguished Budget Presentation Award to the City of
Bozeman (Krauss)
Mayor Krauss recognized Administrative Services Director Anna Rosenberry and the City of Bozeman for receiving the distinguished Budget award once again.
3. 07:24:19 PM National Service Recognition Day Proclamation
Mayor Krauss declared April 1st, 2014 as National Service Recognition Day.
4. 07:25:37 PM Mayor's State of the City Address (Krauss)
Mayor Krauss thanked his family, friends and neighbors for their continued support along
with thanking staff for their work and emphasized that we have a great staff at the City of
Bozeman. The City has challenges just as the people have challenges. Issues need to be
examined thoroughly and the biggest challenges occupying staff are items such as the old landfill. There is going to be a huge demand. Mayor Krauss spoke regarding having
resources, that the City is still facing infrastructure challenges, the need for a new law
and justice center, continuing to climb out of the recession, the issue of belief in a sense
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of optimism, baby boomers retiring, reduced cost lunches, food stamps, student loans,
delay of infrastructure, some financial issues, and a minimum reserve amount. The
University is growing. Mayor Krauss spoke regarding the entrepreneur spirit, the existing
City resolution stating that all are welcome here in the community and swimming pools. Mayor Krauss stated that the number 1 priority are the people and that it is time to be strategic in our growth that we encourage. Mayor Krauss ended his State of the City
Address stating that we must be able to discuss our differences and that we must agree
more than we disagree
Mayor Krauss declared a break.
H. 08:13:50 PM Action Items
1. 08:14:01 PM Resolution 4517, authorizing Allocation of $4,500,000 from Trails, Open Space and Parks Bond Funds for the Story Mill Park Project
(Graff)
Resolution was revised on 3-24-14 08:14:32 PM Staff Presentation
Mitch Overton, Parks and Recreation Director began the staff presentation for Resolution
No. 4517, authorizing Allocation of $4,500,000 from Trails, Open Space and Parks Bond
Funds for the Story Mill Park Project. TOPS Manager Jeff Graff then gave the remainder
of the staff presentation.
08:31:33 PM Commission Questions for Staff
The Commission and Staff discussed the purchase of the property, the timing of acquiring
the property, master planning, public and private partnerships, a negotiation
Memorandum of Understanding, the cost of the land, the incorporation of the advisory board rankings in Section 6 of the Resolution, the appraisal amount, staff summaries of
the project, the Trails and Open Space donations, costs of maintenance and when the City
would inherit the maintenance, development of wetlands, legal issues and wetlands
restoration work.
08:44:59 PM Applicant Presentation
Maddy Pope gave the applicant presentation regarding Resolution 4517, authorizing
Allocation of $4,500,000 from Trails, Open Space and Parks Bond Funds for the Story
Mill Park Project. 08:55:35 PM Commission Questions for the Applicant
The Commission and applicant discussed HRDC Housing, neighbor relations, outreach
efforts, participation, funding mechanism for water treatment, proposed timing of
excavation work and cleanup efforts of East Gallatin River.
09:15:45 PM Minority report, TOPS Committee member-Doug Chandler TOP Committee member Doug Chandler feels the land is too expensive and that we need
a second appraisal. It is a potential environmental issue. He is in favor of the application.
Mr. Chandler spoke regarding storm water issues.
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09:24:24 PM Chairman of the TOPS Committee
Mr. Hawks spoke in support of the minority report. There needs to be some momentum
when you have this many volunteers.
09:27:10 PM Public Comment
Mayor Krauss opened public comment.
09:27:29 PM George Thompson, Public Comment Mr. Thompson stated that he is interested in affordable housing. His other concern is
infrastructure costs and he agrees with the minority on environmental issues.
09:31:58 PM Marcia Youngman Public Comment
Ms. Youngman spoke in support of the Story Mill Park proposal. 09:34:42 PM Barbara Bonn, Public Comment
Ms. Bonn spoke regarding volunteer help and stated that she supports the Story Mill
proposal.
09:38:32 PM Patrick Byorth, Public Comment
Mr. Byorth stated that he is with Trout Unlimited and spoke in support of the project.
09:41:26 PM Ben Lloyd, Public Comment
Mr. Lloyd and his team members spoke in support of the Story Mill Park proposal. 09:43:07 PM Jeff Rupp, Public Comment
Mr. Rupp spoke in support of the creation of the Story Mill Park proposal.
09:45:25 PM Penelope Pierce, Public Comment Ms. Pierce of Gallatin Valley Land Trust is committed to partnering and spoke in support
of the Story Mill Park proposal.
09:47:37 PM Ron Brey, Public Comment
Ms. Brey spoke regarding past acquisitions of park land while he was employed by the city. He spoke in favor of the project.
09:51:36 PM Vicki Batas, Public Comment
Ms. Batas spoke in support of the project.
09:53:05 PM David Cook, Public Comment
Mr. Cook of the Parks and Recreation Board spoke in support of the project. There is a
need to increase the maintenance in our parks and he urged the Commission to consider
Park Improvement Districts. Parks are part of the infrastructure.
09:57:01 PM Stephanie Grey, Public Comment
Ms. Grey stated that she supports the project and lives adjacent the proposal.
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09:58:57 PM Pam Bryan, Public Comment
Ms. Bryan spoke in support of the project.
10:02:12 PM Rules Extended.
Mayor Krauss extended to rules until 10:30 p.m.
10:02:44 PM Paula Beswick, Public Comment
Ms. Beswick spoke in support of the project. 10:03:47 PM Terry Cunningham, Public Comment
Mr. Cunningham spoke in support of the project.
10:05:52 PM Chris Nixson, Public Comment Mr. Nixson spoke in support of the proposal and stated that this has something to offer
the community.
10:09:06 PM Public Comment closed
Mayor Krauss closed public comment. 10:09:14 PM Motion that having considered public comment, staff materials and the
application, I hereby move to approve Resolution 4517 providing Trails, Open Space
and Parks Bond funding for the Story Mill Park of up to $4,500,000 including up to
$2.65 million for the purchase of real property and $1.85 million for park design and construction contingent upon 1) approval by the Commission of a purchase and sale agreement for the property with the Trust for Public Land and 2) approval by the Commission of a binding Memorandum of Understanding with the Trust for Public
Land substantially the same as the Agreement in Principle describing the financial
and in-kind contributions proposed by the Trust for Public Land. Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd 10:10:14 PM Commission Discussion
The Commission discussed affordable housing, storm water solutions, matching funds,
thankfulness to Trust for Public Lands for their time and generosity, contributions,
cleanup efforts of the creeks, involvement of the HRDC, the minority report the timing of
the appraisal and the City’s requirements on the appraisal.
10:28:47 PM Vote on the Motion that having considered public comment, staff
materials and the application, I hereby move to approve Resolution 4517 providing
Trails, Open Space and Parks Bond funding for the Story Mill Park of up to $4,500,000 including up to $2.65 million for the purchase of real property and $1.85 million for park design and construction contingent upon 1) approval by the Commission of a purchase and sale agreement for the property with the Trust for
Public Land and 2) approval by the Commission of a binding Memorandum of
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Understanding with the Trust for Public Land substantially the same as the Agreement in Principle describing the financial and in-kind contributions proposed by the Trust
for Public Land. Deputy Mayor - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
2. Code Compliance Program (Price) *moved to a future meeting
No motion necessary.
3. 10:29:16 PM Provisional Adoption of Ordinance 1885, ratifying the City
Manager’s signature on a purchase and sale agreement transferring ownership of the North Park property to Micropolitan Enterprises, LLC
and Powder River Company, LLC (Fontenot)
10:29:51 PM Public Comment Mayor Krauss opened public comment. No person Commented.
Mayor Krauss closed public comment.
*This Item has been placed on the April 7th agenda.
4. City Manager's Update on the City Commission Goals (Kukulski)
*moved to a future meeting
Consider the motion: I move to prioritize the City Commission’s previously adopted
goals as listed in tonight’s discussion.
I. 10:30:03 PM FYI/Discussion 1. There will not be a City Commission meeting on Monday, March 31st as
it is a fifth Monday of the month (Ulmen)
J. 10:30:43 PM Adjournment Mayor Krauss adjourned the meeting at 10:30 p.m.
______________________________
Jeffrey K. Krauss, Mayor
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ATTEST:
______________________________________ Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________ Stacy Ulmen, City Clerk
Approved on ___________________________
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