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HomeMy WebLinkAbout03-24-2014 Minutes, City Commission Q 9T�N co. 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 t= 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: pprove 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) a Page 1 of 10 Bozeman City Commission Minutes, March 24, 2014 2. Authorize Bozeman Fire Department American Medical Response Safety- Net Agreement (Shrauger) `�G 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) K7-'�J 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) Kl�a 5. Approve Resolution 4513 consenting to Appointing Firefighters in Accordance with Montana Code Annotated 7-33-4106 (Shrauger) a 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) `y 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) Kl�a 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 Page 2 of 10 Bozeman City Commission Minutes, March 24, 2014 means to the majority of citizens. 06:07:59 PM Christopher Spogis,Public Comment 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 Page 3 of 10 Bozeman City Commission Minutes, March 24, 2014 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 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 Knkhten,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,DEO Mr. Carpenado spoke in support of the Story Mill Park project and urged the Commission to support the project Page 4 of 10 Bozeman City Commission Minutes, March 24, 2014 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. 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) KZI-t� 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 1", 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 Page 5of10 Bozeman City Commission Minutes, March 24, 2014 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 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) `�a 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. Page 6 of 10 Bozeman City Commission Minutes, March 24, 2014 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. 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 Georre 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. Page 7of10 Bozeman City Commission Minutes, March 24, 2014 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. 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 4517providing 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. Page 8 of 10 Bozeman City Commission Minutes, March 24, 2014 10:28:47 PM Vote on the Motion that having considered public comment, staff materials and the application, I hereby move to approve Resolution 451 7 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 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) `l�a *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) `i-a 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 71h agenda. 4. City Manager's Update on the City Commission Goals (Kukulski) a *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. Page 9 of 10 Bozeman City Commission Minutes, March 24, 2014 I. 10:30:03 PM FYI/Discussion 1. There will not be a City Commission meeting on Monday, March 31 st 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. > Jef *y . raths, Mayor 0ZEJ,?Is all , • ��rr�1111• y -' �-i ' • .t r • .+ e' r U • " t n;!,: AMC, City Clerk PREPARED BY: ryJQ St Ley m n, City Clerk Approved on .nY'ti 1 1, Page 10 of 10