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HomeMy WebLinkAboutJanuary 12, 2009 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 12, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, January 12, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, Planning Director Andy Epple (after Executive Session), Interim City Attorney Bob Planalp, and City Clerk Stacy Ulmen. A. Call Executive Session to Order - 5:30 p.m.– Commission Room, City Hall, 121 North Rouse B. Executive Session-Litigation Strategy - 5:30-6 p.m. This portion of the meeting was closed to the public to discuss litigation strategy. 0:00:03 C. Call Regular Meeting to Order – 6 p.m.– Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order at 6:22 p.m. 0:00:04 D. Pledge of Allegiance and a Moment of Silence 0:00:07 E. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:00:11 Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes to the agenda. 0:00:14 F. Public Service Announcement 0:00:20 1. Parking on Snow Routes and Neighborhood E-mail Notification 0:00:34 John VanDelinder, Street Superintendent Mr. VanDelinder spoke regarding parking on snow routes and the neighborhood e-mail notification system. 0:02:10 2. Growth Policy Update (Epple) 0:02:38 Andy Epple, Director of Planning Mr. Epple stated that the Planning Board has completed a draft Community Plan. He went over the public hearing processes and pointed out where copies are available. 3 Minutes of the Bozeman City Commission, January 12, 2009 2 0:04:50 G. Minutes – December 1, 2008 0:04:57 Motion and Vote to approve the Minutes from December 1st, (2008). It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes from December 1st, (2008). Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson. Those voting No being none. 1. Authorize Payment of Claims (LaMeres) The motion passed 5-0. 0:05:12 H. Consent 2. Authorize Directing Staff to Partner with Gallatin County and Human Resource Development Council (HRDC) on a Housing and Urban Development (HUD) Neighborhood Stabilization Program Grant Application (Meyer) 3. Authorize the City Manager to sign the Professional Services Agreement for College Street and South 11th Avenue Intersection Improvements (Stodola) 4. Approve Rescinding Resolution No. 4079, Establishing License Fees for Beer, Wine and Liquor Licenses for the City of Bozeman (Rosenberry) 5. Approve Resolution No. 4141, Budget Amendment for the Story Mansion Construction Project (Rosenberry) 6. Approve the Building Report for December 2008 (Risk) 0:05:19 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:05:32 Cr. Bryson Cr. Bryson requested that item number 3 be pulled before the motion takes place. 0:05:45 Motion and Vote to approve Consent items 1, 2, 4, 5, and 6. It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent items 1, 2, 4, 5, and 6. Those voting Aye being Crs. Becker, Bryson, Rupp, and Mayor Jacobson. Those voting No being Cr. Krauss. 4 Minutes of the Bozeman City Commission, January 12, 2009 3 The motion passed 4-1. 0:06:17 Cr. Bryson Cr. Bryson spoke regarding Consent Item #3. He is concerned with acquisition of right-of-way. He would like to have it clarified that an attempt has been made to secure right-of-way before $130,000 in engineering costs are spent for a roundabout. 0:06:59 Rick Hixson, City Engineer Mr. Hixson stated that staff has begun efforts with acquiring right-of-way. 0:08:20 Motion to approve Consent Item H. 3. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Consent Item H. 3. 0:09:09 Debbie Arkell, Director of Public Service Ms. Arkell stated that the design needs to be done before we know how much right-of-way is needed. 0:13:57Anna Rosenberry, Director of Finance Ms. Rosenberry explained that there is enough money in the impact fees to cover the costs and was approved in the FY09 budget for street impact fees. 0:17:55 Cr. Krauss Cr. Krauss stated that he would like to discuss this item further in the future so that some research can be done regarding the need for the roundabout. 0:19:08 Motion Withdrawn to approve Consent Item H. 3. Cr. Krauss withdrew his motion to approve Consent Item H. 3 because he wants to give the Engineering Department a week to review the request. 0:19:30 Motion and Vote to continue this for another week, consent item H. 3. It was moved by Cr. Bryson, seconded by Cr. Krauss to continue this for another week, Consent Item H. 3. Those voting Aye being Crs. Bryson, Krauss, Rupp, and Mayor Jacobson. Those voting No being Cr. Becker. The motion passed 4-1. 5 Minutes of the Bozeman City Commission, January 12, 2009 4 0:19:56 I. Public Comment Mayor Jacobson opened public comment. 0:20:20 Christian Wilcox, Public Comment Mr. Wilcox of 1120 Willson spoke regarding roundabouts. They are good in England but not in Bozeman. He thanked the Commission for their service. 0:22:25 Public Comment closed. Mayor Jacobson closed public comment. 0:22:29 J. Special Presentation – Update on North Rouse Avenue Improvements (Montana Department of Transportation/Arkell) 0:22:36 Debbie Arkell, Director of Public Service Ms. Arkell spoke regarding the North Rouse Avenue Improvements. MDT is ready to finalize the environmental assessment. Eventually MDT would like the Commission to pass a Resolution of Concurrence on the environmental assessment. 0:23:33 Darryl James, Gallatin Public Affairs Mr. James stated that he was hired to prepare the environmental assessment and to lead this through the environmental compliance process. This process began 3 years ago. 0:26:01 Cr. Krauss Cr. Krauss stated that he submitted a comment to MDT and it is listed in the report. 0:26:24 Mr. James Mr. James stated that they did receive Cr. Krauss's recommendations regarding the geometric layout of the roadway. 0:27:11 Mr. James Mr. James stated that he wants the public record to show that the Commission was engaged in the conversation. He spoke regarding the impacts on Rouse. 0:34:51 Cr. Becker Cr. Becker spoke regarding East Cottonwood. 0:36:36 Cr. Krauss Cr. Krauss spoke regarding the context of this street. 6 Minutes of the Bozeman City Commission, January 12, 2009 5 0:39:10 Mr. James Mr. James spoke regarding center turn lanes. 0:40:38 Mr. James Mr. James spoke regarding the number of homes that would be taken, and the concern for the existing urban forest. 0:44:32 Cr. Rupp Cr. Rupp stated that he reviewed Cr. Krauss's recommendations and agrees with them and asked that MDT strongly consider them. 0:45:38 Cr. Rupp Cr. Rupp spoke regarding the loss of parking. 0:47:45 Cr. Rupp Cr. Rupp spoke regarding the impact on affordable housing. 0:50:14 K. Action Items 0:51:28 1. Public Hearing and Adoption of Parts within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014 (Rosenberry) 0:51:29 Anna Rosenberry, Finance Director Ms. Rosenberry presented a staff presentation on impact fees. 0:54:03 Ms. Rosenberry Ms. Rosenberry presented a staff presentation on Street Impact Fees Cr. Rupp stated that the unknowns seem to add a lot of clutter to the document. within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 0:58:18 Cr. Krauss Cr. Krauss spoke regarding Baxter to Cottonwood in the CIP. 1:01:05 Rick Hixson, City Engineer Mr. Hixson stated that the list in the CIP reflects priorities. 1:02:49 Mr. Hixson Mr. Hixson spoke regarding the projects that are list as unknown within the CIP. 1:04:23 Cr. Rupp 7 Minutes of the Bozeman City Commission, January 12, 2009 6 1:06:05 Mr. Epple Mr. Epple spoke regarding the advantages of having the non-scheduled items listed. 1:07:50 Cr. Krauss Cr. Krauss spoke regarding the shared use path from Main Street down College Street. 1:08:10 Mr. Hixson Mr. Hixson clarified that the path is a CTEP project. 1:09:28 Ron Dingman, Director of Parks and Recreation Mr. Dingman spoke regarding the path. 1:10:07 Cr. Bryson Cr. Bryson spoke regarding the speed limits on Baxter, and 19th to Cottonwood. 1:13:09 Ms. Arkell Ms. Arkell stated that the list was driven by development. 1:20:30 Cr. Becker Cr. Becker spoke regarding the Impact Advisory Board's motion regarding 8th and College streets. 1:22:05 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1:22:39 Motion to approve the Street Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014 presented by staff with the exclusion of projects SIF04, SIF05, 09, 10, 19, 21 and 22. Cr. Becker spoke regarding impact fee credits. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve the Street Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014 presented by staff with the exclusion of projects SIF04 SIF05, 09, 10, 19, 21 and 22. 1:24:10 Cr. Bryson Cr. Bryson stated that he does not support the motion as it stands. 1:28:42 Cr. Becker 8 Minutes of the Bozeman City Commission, January 12, 2009 7 1:32:51 Vote on the Motion to approve the Street Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014 presented by staff with the exclusion of projects SIF04 SIF05, 09,10, 19, 21 and 22. Those voting Aye being Cr. Rupp. Those voting No being Crs. Bryson, Becker, Krauss, and Mayor Jacobson. The motion failed 1-4. 1:33:09 Motion to approve the Street Impact Fees schedule within the Capital improvements Program (CIP) for fiscal years 2010-2014 postponing SIF 22 Intersection Control College and 8th to FY12, and moving Baxter and 19th and Cottonwood to FY11, and the two million eight hundred fifty thousand to FY12 (SIF 02). It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the Street Impact Fees schedule within the Capital improvements Program (CIP) for fiscal years 2010-2014 postponing SIF 22 Intersection Control College and 8th to FY12, and moving Baxter and 19th and Cottonwood to FY11, and the two million eight hundred fifty thousand to FY12 (SIF 02). 1:35:49 Mayor Jacobson Mayor Jacobson spoke regarding Baxter. She would like to see the City move forward on Baxter. 1:37:07 Mr. Kukulski Mr. Kukulski spoke regarding Graff Street. 1:41:24 Amendment to change the project listed as SIF 08 up to (to begin at) Fiscal Year 2010. It was moved by Cr. Bryson, seconded by Cr. Becker to change the project listed as SIF 08 up to (to begin at) Fiscal Year 2010. 1:41:58 Cr. Becker Cr. Becker asked that the amendment be read back. 1:42:03 Stacy Ulmen, City Clerk Ms. Ulmen read back the amendment. 1:42:27 Vote on the Amendment to change the project listed as SIF 08 up to (to begin at) Fiscal Year 2010. 9 Minutes of the Bozeman City Commission, January 12, 2009 8 Those voting Aye being Crs. Bryson, Becker, Krauss, and Rupp. Those voting No being Mayor Jacobson. The motion passed 4-1. 1:43:14 Ms. Ulmen Ms. Ulmen asked for clarification of the main motion from Cr. Krauss. 1:44:04 Vote on the Motion as Amended to approve the Street Impact Fees schedule within the Capital improvements Program (CIP) for fiscal years 2010-2014 postponing SIF 22 Intersection Control College and 8th to FY12, and moving Baxter and 19th and Cottonwood to FY11, and the two million eight hundred fifty thousand to FY12 (SIF 02), and to change the project listed as SIF 08 up to (to begin at) Fiscal Year 2010. Those voting Aye being Crs. Krauss, Bryson, and Becker. Those voting No being Cr. Rupp, and Mayor Jacobson. The motion passed 3-2. 1:44:23 Ms. Rosenberry Ms. Rosenberry presented a staff presentation on Fire Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 1:47:00 Cr. Rupp Cr. Rupp spoke regarding Fire Station number 4. 1:47:12 Ms. Rosenberry Ms. Rosenberry spoke regarding Fire Stations numbers 3 and 4. 1:47:49 Mr. Kukulski Mr. Kukulski stated that there is not any anticipation of starting on Fire Station number 4 until there is more development to the south. 1:51:29 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1:51:50 Motion to approve the Fire Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 10 Minutes of the Bozeman City Commission, January 12, 2009 9 It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Fire Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 1:52:16 Vote on the Motion to approve the Fire Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 1:52:41 Ms. Rosenberry Ms. Rosenberry presented a staff presentation on Water Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 1:55:35 Cr. Becker Cr. Becker spoke regarding the membrane in the Sourdough Creek Dam. 1:57:01 Public Comment Mayor Jacobson opened public comment. 1:57:12 Christian Wilcox, Public Comment Mr. Wilcox of 1120 Willson spoke regarding the concern of water. He feels that the City should work with the County. 1:58:39 Public Comment closed. Mayor Jacobson closed public comment. 1:58:53 Motion to approve the Water Impact Fee Schedule within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the Water Impact Fee Schedule within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 1:59:11 Cr. Becker Cr. Becker stated that this is a regional solution. 2:01:27 Vote on the Motion to approve the Water Impact Fee Schedule within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 11 Minutes of the Bozeman City Commission, January 12, 2009 10 Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:01:47 Ms. Rosenberry Ms. Rosenberry presented a staff presentation on Wastewater Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 2:03:40 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:03:55 Motion and Vote to approve the Wastewater Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Wastewater Impact Fees within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:04:25 Ms. Rosenberry Ms. Rosenberry presented a staff presentation on the Building Inspection Fund within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 2:05:28 Cr. Bryson Cr. Bryson spoke regarding the replacement cycle for vehicles and the possibility of extending the time from 5 to 7 years. 2:08:03 Public Comment Mayor Jacobson opened public comment. 2:08:22 Christian Wilcox, public comment. Mr. Wilcox, of 1120 Willson spoke regarding pencils and sharpeners. 2:08:46 Public Comment closed. Mayor Jacobson closed public comment. 12 Minutes of the Bozeman City Commission, January 12, 2009 11 2:08:54 Motion to continue this until the next meeting so we can have the Chief Building Inspector here so he can present us with some information on appropriate life spans of vehicles. It was moved by Cr. Bryson to continue this until the next meeting so we can have the Chief Building Inspector here so he can present us with some information on appropriate life spans of vehicles. 2:09:36 Motion seconded to continue this until the next meeting so we can have the Chief Building Inspector here so he can present us with some information on appropriate life spans of vehicles. The motion was seconded by Cr. Becker. 2:11:30 Ms. Rosenberry Ms. Rosenberry stated that this is a special revenue fund. 2:14:30 Ms. Ulmen Ms. Ulmen read the motion. 2:14:44 Vote on the Motion to continue this until the next meeting so we can have the Chief Building Inspector here so he can present us with some information on appropriate life spans of vehicles. Those voting Aye being Crs. Bryson, Becker, Krauss, Rupp, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:15:03 Ms. Rosenberry Ms. Rosenberry presented a staff presentation on Fire Capital and Equipment Fund within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014. 2:15:41 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:16:00 Motion and Vote to approve the Fire Capital and Equipment Fund (within the Capital Improvements Program (CIP) for Fiscal Years 2010-2014). 13 Minutes of the Bozeman City Commission, January 12, 2009 12 It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Fire Capital and Equipment Fund (within the Capital Improvements Program (CIP) for Fiscal Years 2010- 2014). Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:16:15 Break Mayor Jacobson announced a break. 2:38:32 2. Finally Adopt Ordinance No. 1752, Civil Enforcement of Red Light Traffic Violations and Automated Traffic Signal Camera Enforcement (McLane) 2:38:55 Rich McLane, Police Lieutenant Lt. McLane presented that staff presentation on the final adoption of Ordinance No. 1752, Civil Enforcement of Red Light Traffic Violations and Automated Traffic Signal Camera Enforcement. 2:42:53 Cr. Bryson Cr. Bryson spoke regarding the May testing period. 2:46:08 Cr. Rupp Cr. Rupp spoke regarding fines. 2:47:35 Public Comment Mayor Jacobson opened public comment. 2:47:48 Christian Wilcox, Public Comment Mr. Wilcox stated that he does not like the ordinance. 2:50:10 Public Comment closed. Mayor Jacobson closed public comment. 2:50:33 Motion to finally adopt Ordinance No. 1752, Civil Enforcement of Red Light Traffic Violations and Automated Traffic Signal Camera Enforcement. It was moved by Cr. Becker, seconded by Cr. Krauss to finally adopt Ordinance No. 1752, Civil Enforcement of Red Light Traffic Violations and Automated Traffic Signal Camera Enforcement. 14 Minutes of the Bozeman City Commission, January 12, 2009 13 2:52:39 Vote on the Motion to finally adopt Ordinance No. 1752, Civil Enforcement of Red Light Traffic Violations and Automated Traffic Signal Camera Enforcement. Those voting Aye being Crs. Krauss, Bryson, Rupp, and Mayor Jacobson. Those voting No being Cr. Becker. The motion passed 4-1. 2:52:58 3. Provisional Adoption of Ordinance No. 1754, Revision to Bozeman Municipal Code 6.04.050, Kennel Licensing Requirements (Fontenot) 2:53:12 Brit Fontenot, Assistant to the City Manager and City Neighborhoods Coordinator Mr. Fontenot presented a presentation on the provisional adoption of Ordinance No. 1754, Revisions to Bozeman Municipal Code 6.04.050, regarding Kennel Licensing Requirements. 2:56:05 Cr. Bryson Cr. Bryson spoke regarding the Chief's responsibility to issue kennel licenses. 2:56:12 Mr. Fontenot Mr. Fontenot explained that the Animal Control Officer is a department under the Chief of Police. 2:56:57 Cr. Rupp Cr. Rupp spoke regarding notifications of neighborhood associations. 2:57:08 Mr. Fontenot Mr. Fontenot explained that the notification is within the ordinance. 2:57:18 Cr. Becker Cr. Becker spoke regarding criminal offenses. 2:58:30 Cr. Krauss Cr. Krauss spoke regarding the cost of the kennel licenses and the fines associated. 3:00:58 Mayor Jacobson Mayor Jacobson asked how the information will be distributed to the public. 3:01:06 Mr. Fontenot Mr. Fontenot stated that he is working on a compliance campaign. 15 Minutes of the Bozeman City Commission, January 12, 2009 14 3:01:36 Public Comment Mayor Jacobson opened public comment. 3:01:48 Bill Vandenbos, Public Comment Mr. Vandenbos of 1007 East Curtiss stated that his email is attached to packet. He spoke regarding pet ownership and neighborhood notification. 3:05:56 Public Comment closed Mayor Jacobson closed public comment. 3:06:15 Motion to provisionally adopt Ordinance No. 1754, revision to Bozeman Municipal Code, Kennel licensing requirements. It was moved by Cr. Krauss, seconded by Cr. Bryson to provisionally adopt Ordinance No. 1754, revision to Bozeman Municipal Code, Kennel licensing requirements. 3:08:10 Vote on the Motion to provisionally adopt Ordinance No. 1754, revision to Bozeman Municipal Code, Kennel licensing requirements. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:08:19 4. Library Dedication of Peet's Hill Parking Lot and a Portion of the Adjacent Trail (Dingman) 3:08:27 Ron Dingman, Director of Parks Mr. Dingman presented a presentation on Library Dedication of Peet's Hill Parking Lot and a portion of the adjacent trail. 3:10:39 Cr. Bryson Cr. Bryson spoke regarding hiring an outside source to survey the property. 3:10:50 Mr. Dingman Mr. Dingman stated that 1 parcel needs to be surveyed and turned into 2 parcels. 3:12:24 Cr. Bryson Cr. Bryson wondered if there was a way to avoid the cost of a surveyor. 16 Minutes of the Bozeman City Commission, January 12, 2009 15 3:12:30 Mr. Dingman Mr. Dingman stated that in his opinion, we cannot avoid the cost. 3:13:12 Public Comment Mayor Jacobson opened public comment. 3:13:19 Mary Cloud Ammons, Public Comment Ms. Ammons stated that she is representing the NENA neighborhood Association who is concerned about this issue. The association would like to request denial of this application or have the decision delayed. She spoke regarding the lack of green space in the NENA areas. 3:18:58 Public comment closed. Mayor Jacobson closed public comment. 3:19:14 Motion to direct staff to proceed with surveying the Peet’s Hill Parking Lot and a portion of the adjacent trail to be declared parkland, and to take other steps as necessary to effectuate this land “transfer.” It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to proceed with surveying the Peet’s Hill Parking Lot and a portion of the adjacent trail to be declared parkland, and to take other steps as necessary to effectuate this land transfer. 3:19:32 Cr. Becker Cr. Becker stated that he is not clear what NENA is looking for out of this situation. 3:20:04 Ms. Ammons Ms. Ammons stated that they would like to see green space dedicated in the NENA neighborhood. 3:26:17 Cr. Krauss Cr. Krauss spoke regarding Park Improvement Grants. 3:28:34 Cr. Krauss Cr. Krauss spoke regarding the construction of the Library. 3:37:38 Ms. Rosenberry Ms. Rosenberry spoke regarding the reimbursement of cleanup of the library from the state CALA program. 17 Minutes of the Bozeman City Commission, January 12, 2009 16 3:38:32 Ms. Ulmen Ms. Ulmen asked Mayor Jacobson if she would like to suspend the rules due to the ending meeting time requirement. 3:38:39 Mayor Jacobson Mayor Jacobson suggested that the rules be suspended to 10:45 p.m. 3:38:58 Motion (to suspend the Rules until 10:45 p.m.) It was moved by Cr. Bryson (to suspend the Rules until 10:45 p.m.) 3:39:28 Motion seconded (to suspend the Rules until 10:45 p.m.) Cr. Becker seconded the motion (to suspend the Rules until 10:45 p.m.) 3:39:42 Vote on the Motion (to suspend the Rules until 10:45 p.m.) Those voting Aye being Crs. Bryson, Becker, and Mayor Jacobson. Those voting No being Crs. Krauss and Rupp. The motion passed 3-2. 3:40:18 Vote on the Motion to direct staff to proceed with surveying the Peet’s Hill Parking Lot and a portion of the adjacent trail to be declared parkland, and to take other steps as necessary to effectuate this land transfer. Those voting Aye being Crs. Bryson, Rupp, Becker, and Mayor Jacobson. Those voting No being Cr. Krauss. Mayor Jacobson closed public comment. The motion passed 4-1. 3:41:03 5. Provisional Adoption of Ordinance No. 1757, Amending Ordinance No. 1727, City Commission Rules of Procedure (Ulmen) 3:41:11 Stacy Ulmen, City Clerk Ms. Ulmen presented a presentation on Ordinance No. 1757, amending Ordinance No. 1727, City Commission Rules of Procedure. Ms. Ulmen spoke regarding Executive Sessions. 3:44:45 Public Comment Mayor Jacobson opened public comment. No person commented. 18 Minutes of the Bozeman City Commission, January 12, 2009 17 3:44:59 Cr. Krauss Cr. Krauss suggested changes regarding bonding requirements. 3:46:16 Cr. Krauss Cr. Krauss suggested a change to Policy Meetings regarding public comment, and duties of Mayor and Deputy Mayor. 3:48:17 Cr. Krauss Cr. Krauss spoke regarding signatures on Resolutions and Ordinances. 3:49:46 Cr. Krauss Cr. Krauss suggested changes regarding the agenda formation and structure, and Rules of Debate relating to Commissioner's relying upon the advice of the City Attorney. 3:55:43 Mayor Jacobson Mayor Jacobson spoke regarding suggested changes to the order of presentation section. 4:11:36 Mayor Jacobson Mayor Jacobson spoke regarding the ending time of the meeting. 4:16:24 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. It was determined that the Commission’s suggestions be added and questions be researched before provisional adoption of this Ordinance take place. 4:17:02 Motion to adjourn. It was moved by Cr. Rupp, seconded by Cr. Krauss to adjourn. 4:17:29 Vote on the Motion to adjourn. Those voting Aye being Crs. Rupp, Krauss, Bryson, and Becker. Those voting No being Mayor Jacobson. The motion passed 4-1. 19 Minutes of the Bozeman City Commission, January 12, 2009 18 ____________________________________ Kaaren Jacobson , Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________. 20