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HomeMy WebLinkAbout11 17 08_October 13, 2008 Minutes LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION October 13, 2008 ******************************* The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North Rouse, on Monday, October 13, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Interim City Attorney Bob Planalp, Director of Finance Anna Rosenberry, City Clerk Stacy Ulmen and Deputy City Clerk Aimee Kissel. A. Call to Order- 6 p.m. Commission Room-City Hall-121 North Rouse Mayor Jacobson called the Executive Session to order. B. Executive Session-Litigation Strategy This portion of the meeting was closed to the public to discuss litigation strategy at which time the Clerk’s were dismissed from the room. 0:48:28 C. Call to Order Regular Meeting - City Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order at 7:06 p.m. 0:48:27 D. Pledge of Allegiance and a Moment of Silence 0:49:10 Mayor Jacobson Mayor Jacobson welcomed everyone to the New City Hall. 0:52:20 Mayor Jacobson Mayor Jacobson re-dedicated a copy of The Declaration of Independence to the New City Hall. 0:53:20 E. Public Service Announcement - FCC Transition to Digital Television Outreach (Mayor Jacobson) Mayor Jacobson provided information regarding the digital television initiative. 0:56:40 Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:56:47 Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes to the agenda. 0:56:52 F. Minutes - August 4, 2008 0:57:00 Motion and Vote to approve the minutes for August 4, 2008. It was moved by Cr. Rupp, seconded by Cr. Becker to approve the August 4, 2008 minutes. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 4 Bozeman City Commission Meeting, October 13, 2008 2 0:57:17 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:57:19 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Adopt Resolution No. 4132, Authorizing The Award Of An Alternative Project Delivery Contract For Remediation Of Asbestos Ore At The CMC East Main CECRA Facility, and Authorize City Manager to execute on behalf of the City of Bozeman (Cooper) 3. Approve the Building Report for September 2008 (Doerksen) 0:57:26 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:57:44 Motion and Vote to approve Consent items 1-3. It was moved by Cr. Becker, seconded by Cr. Bryson to approve Consent items 1-3. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:58:03 H. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:58:58 I. Action Items 0:59:00 1. Aquatic Facility Survey Reports (Dingman/McCarthy) 0:59:06 Ron Dingman, Director of Parks and Recreation Mr. Dingman presented the Aquatic Facility Survey Report. 1:01:38 Sue Harkin, Recreation Superintendent Ms. Harkins introduced Dan McCarthy the new Aquatics Director. 1:02:09 Ms. Harkin Sue Harkin presented the history of the aquatic centers. 1:06:38 Dan McCarthy, Aquatics Director Mr. McCarthy talked about the needs of the Aquatic Centers. 5 Bozeman City Commission Meeting, October 13, 2008 3 1:20:23 Mr. McCarthy Mr. McCarthy spoke about additional renovation recommendations for the Swim Center. 1:24:43 Mr. McCarthy Mr. McCarthy gave a presentation regarding the needs at Bogert pool. 1:28:41 Public Comment Mayor Jacobson opened public comment. 1:29:02 John Belshaw - Public Comment Mr. Belshaw of 45 Gardner Park Drive, stated that he supports the renovations and feels they would pay in the long run by increasing the life and efficiency of the centers. 1:29:50 Public comment closed. Mayor Jacobson closed public comment. 1:29:58 Discussion 1:43:34 Motion to accept to accept the report for consideration by next year's budgeting process by the City Manager. It was moved by Cr. Krauss, seconded by Cr. Bryson to accept the report for consideration by next year's budgeting process by the City Manager. 1:44:27 Discussion 1:45:32 Vote on the Motion to accept the report for consideration by next year's budgeting process by the City Manager. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 1:49:55 2. Digital Automated Red Light Camera Enforcement Program Contract (McLane) 1:49:56 Lieutenant Rich McLane, Bozeman Police Department Lieutenant McLane gave the Staff presentation. 2:11:33 Daren Kolack, Representative of Redflex Traffic Systems, Inc. Mr. Kolack explained details of the system and what to expect. 2:30:45 Mayor Jacobson Mayor Jacobson stated that Rich McLane had requested that public comment be held prior to Commissioner questions. 2:31:31 Public Comment Mayor Jacobson opened public comment. 6 Bozeman City Commission Meeting, October 13, 2008 4 2:31:50 Rusty Conover - Public Comment Mr. Conover of 4615 Shadowglen Drive was in favor of the Red Light Camera System but had some questions. 2:34:30 Bo Jensen - Public Comment Bo Jensen of Julia Martin Drive, disagrees with this approach to reducing accidents. 2:37:09 Marc Gaines - Public Comment Marc Gaines of 515 West Olive was opposed to the Redflex System. 2:42:04 Ralph Zimmer, Chairperson of the Bozeman Pedestrian and Traffic Safety Committee - Public Comment Ralph Zimmer of 2103 South Tracy relayed the Bozeman Pedestrian and Traffic Safety Committees support of the Redflex System installation. 2:42:39 Ralph Zimmer - Public Comment Ralph Zimmer of 2103 South Tracy personally supported the Redflex System. 2:43:23 Shawn Ferrell - Public Comment Shawn Ferrell of Bozeman was strongly opposed to the Redflex System. 2:46:34 Bob Morrow - Public Comment Bob Morrow of Helena is completely opposed to the Redflex System. 2:48:34 John Belshaw - Public Comment John Belshaw of 45 Gardner Park Drive is in favor of the Redflex System. 2:51:13 Steve Jaegers - Public Comment Steve Jaegers of 409 Hunters Way is opposed to the Redflex System. 2:54:48 Steve Obiss - Public Comment Steve Obiss of 1285 Trail Crest Drive is opposed to the Redflex System. 2:55:23 Public Comment closed. 2:55:36 Discussion 2:55:53 Mr. McClane Officer McClane answered many of the questions raised within the public comments. 2:59:49 Mr. Kolack Mr. Kolack answered questions and clarified information regarding the Redflex system. 3:31:52 Mayor Jacobson Mayor Jacobson stated she is strongly in favor of this issue because she sees it as a public safety issue. 3:35:20 Cr. Krauss Cr. Krauss stated that he supports this program because the science endorses it. 7 Bozeman City Commission Meeting, October 13, 2008 5 3:58:27 Stacy Ulmen, City Clerk Ms. Ulmen reminded the Mayor that the rules would need to be suspended to continue the meeting past 10 p.m. 3:59:02 Mayor Jacobson Suspended the rules until after 11:00 p.m. 4:03:53 Motion to authorize the City Manager to sign a Contract Agreement with Redflex Traffic Systems, Inc. which, acting at the direction of the City, will implement, maintain and manage the Digital Automated Red Light Camera Enforcement Program at selected intersections in Bozeman on an initial 3-year term and add to that that we would segregate monies from this into a special revenue fund that will allow us to direct monies to traffic safety programs. In addition, at least for the first year of the term subject to review the footage will be reviewed by a sworn officer or a police official. It was moved by Cr. Krauss, seconded by Cr. Bryson to authorize the City Manager to sign a Contract Agreement with Redflex Traffic Systems, Inc. which, acting at the direction of the City, will implement, maintain and manage the Digital Automated Red Light Camera Enforcement Program at selected intersections in Bozeman on an initial 3-year term and add to that that we would segregate monies from this into a special revenue fund that will allow us to direct monies to traffic safety programs. In addition, at least for the first year of the term subject to review the footage will be reviewed by a sworn officer or a police official. 4:04:57 Discussion 4:06:48 Vote on the motion to authorize the City Manager to sign a Contract Agreement with Redflex Traffic Systems, Inc. which, acting at the direction of the City, will implement, maintain and manage the Digital Automated Red Light Camera Enforcement Program at selected intersections in Bozeman on an initial 3-year term and add to that that we would segregate monies from this into a special revenue fund that will allow us to direct monies to traffic safety programs. In addition, at least for the first year of the term subject to review the footage will be reviewed by a sworn officer or a police official. Those voting Aye being Cr. Krauss, Cr. Bryson, Cr. Rupp and Mayor Jacobson. Those voting No being Cr. Becker. The motion carried 4-1. 4:19:43 1. Potential Amendments to the City's Ethics Ordinance (Planalp) 4:19:55 Mayor Jacobson Mayor Jacobson suggested that items 3 and 4 on the list of potential amendments to the City’s Ethics Ordinance be moved to next Monday. No one was opposed. 4:20:48 Bob Planalp, Interim City Attorney Mr. Planalp presented suggestions for changes to the Ethic's Ordinance. 4:22:16 Discussion 8 Bozeman City Commission Meeting, October 13, 2008 6 4:23:13 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:23:26 Motion to extend the deadline for the Ethic’s Board to complete an Ethic’s Handbook. It was moved by Cr. Bryson, seconded by Cr. Rupp that we extend the deadline for the Ethic's Board to complete an Ethic's Handbook. 4:23:55 Discussion 4:24:51 Cr. Bryson amended the motion, and Cr. Rupp seconded to include the statement from one year of the date of their first meeting. 4:25:04 Vote on the Main Motion as amended that we extend the deadline for the Ethic's Board to complete an Ethic's Handbook from one year of the date of their first meeting. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 4:25:18 Discussion Discussion regarding the second item listed on the memorandum regarding changes to the Ethic's Ordinance. 4:25:26 Motion that in our ethic's ordinance the definition of elected officials or appointed not include the school board but just be limited to that of Bozeman. It was moved by Cr. Rupp, and seconded by Cr. Bryson that in our ethic's ordinance the definition of elected officials or appointed not include the school board but just be limited to that of Bozeman. 4:25:53 Discussion 4:31:35 Vote on the Motion that in our ethic's ordinance the definition of elected officials or appointed not include the school board but just be limited to that of Bozeman. Those voting Aye being Crs. Rupp, Becker and Mayor Jacobson. Those voting No being Crs. Bryson and Krauss. The motion carried 3-2. 4:31:57 Cr. Krauss Cr. Krauss offered a minority opinion on the motion. 4:36:21 Public Comment Mayor Jacobson opened public comment. 9 Bozeman City Commission Meeting, October 13, 2008 7 No person commented. Mayor Jacobson closed public comment. 4:36:30 Mayor Jacobson Mayor Jacobson suspended the rules regarding meeting time constraints for another five minutes since it was close to 11 p.m. for the For Your Information section of the meeting. 4:36:51 Public comment (Regarding closing the last two items on the proposed changes to the Ethic’s Ordinance and re-opening them at the next Commission meeting.) No person commented. Mayor Jacobson closed public comment. It was moved by Cr. Bryson, and seconded by Cr. Rupp to continue items 3 and 4 on the revisions Ordinance No. 1726. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. Motion carried 5-0. 4:37:28 J. FYI/Discussion 4:37:51 Brit Fontenot, Assistant to the City Manager A Public Forum concerning the Gallatin County Detention Facility is scheduled for Wednesday, October 22nd at 7 p.m. in the City Commission room. Mayor Jacobson and Gallatin County employee Bryson will be participants. 4:38:56 K. Adjournment Mayor Jacobson adjourned the meeting at 11:01 p.m. ______________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 10