HomeMy WebLinkAboutFebruary 9, 2009 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 9, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, February 9, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director
Anna Rosenberry, Planning Director Andy Epple, Interim City Attorney Bob Planalp, and City
Clerk Stacy Ulmen.
0:08:26 A. Call to Order – 6 p.m.– Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:05 p.m.
0:08:31 B. Pledge of Allegiance and a Moment of Silence
0:09:07 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:09:10 Mr. Kukulski
Mr. Kukulski stated there were no changes to the agenda.
0:09:15 D. Public Service Announcement – Enforcement on Snow Routes (McLane)
0:09:21 Rich McLane, Police Lieutenant
Lt. McLane presented a Public Service Announcement regarding Enforcement on Snow Routes.
He went over the rules and regulations regarding the parking of vehicles and how they can
become an obstacle when plowing takes place.
0:11:44 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the City Manager to sign a Public Access Easement and Public Street
and Utility Easement for the Town & Country Development (Heaston)
3. Approve confirming the City Manager’s appointment of City Attorney (Kukulski)
4. Approve the Appointment of Cr. Becker and Cr. Rupp as the Sub-Committee to
review the Depository Bonds and Pledged Securities as of December 31, 2008
(Clark)
5. Approve the Monthly Building Report for January 2009 (Risk)
0:11:48 Public Comment
Mayor Jacobson opened public comment.
No person commented.
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Mayor Jacobson closed public comment.
0:11:58 Motion and Vote to approve Consent items E. 1-5.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent items E. 1-5.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:12:12 F. Public Comment
Mayor Jacobson opened Public Comment.
0:12:33 Chris Wilcox, Public Comment
Mr. Wilcox, of 1120 Willson spoke regarding the snow plowing. He rides a bike. He spoke
regarding demolition of properties.
0:15:09 Public Comment closed
Mayor Jacobson closed public comment.
0:15:12 G. Action Items
0:15:15 1. Status Report on Parkland Dedication Issues, from the Cancelled January 8,
2009 Policy Meeting (Epple)
0:15:36 Andy Epple, Director of Planning
Mr. Epple presented a staff report regarding the status on Parkland Dedication Issues. Mr. Epple
spoke regarding disposing of Parkland. Mr. Epple urged the Commission to follow through
with their interest of declaring Soroptomist, Centennial, Burke parks and the Story Mansion
block as park land through a process of declaration instead of a process of dedication. Language
has been prepared by Engineer Ray Center and the Interim City Attorney.
0:27:06 Cr. Rupp
Cr. Rupp spoke regarding dedicating verses declaring Parkland.
0:27:46 Cr. Rupp
Cr. Rupp spoke regarding the funding for the survey work.
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0:29:11 Cr. Rupp
Cr. Rupp stated that he has a naming issue with Burke Park and he would like to take care of that
with the declaration.
0:31:23 Cr. Krauss
Cr. Krauss spoke regarding the land near Bozeman Creek.
0:32:17 Cr. Krauss
Cr. Krauss stated that he would like the property added to the list as well.
0:32:49 Mr. Dingman
Mr. Dingman spoke about some land off of Kagy that was given to the City as parkland.
0:33:09 Mr. Epple
Mr. Epple stated that he is prepared to bring back to the Commission necessary documents to
declare these lands as parklands within the next month or so. Findings of fact will be prepared
and recorded through the County Clerk & Recorder.
0:33:53 Public Comment
Mayor Jacobson opened public comment.
0:34:01 Chris Wilcox, Public Comment
Mr. Wilcox spoke regarding by Soroptomist Park.
0:36:42 Public Comment closed.
Mayor Jacobson closed public comment.
0:36:49 2. Solid Waste Division Building Addition (Arkell)
0:36:58 Debbie Arkell, Director of Public Service
Ms. Arkell stated that last December the Commission was presented with the bids for an office
and vehicle storage addition to the solid waste facility. The bids came in $150,000 over the
budgeted amount. The Commission voted to reject the bids and directed staff to bring more
information back to them. Ms. Arkell spoke regarding projected growth. Ms. Arkell spoke
regarding the areas in the existing shop. Staff is asking to redesign the project within budget.
0:44:58 Ms. Arkell
Ms. Arkell spoke regarding the total amount budgeted for the project.
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0:45:18 Mayor Jacobson
Mayor Jacobson spoke regarding the amount of square footage.
0:46:09 Ms. Arkell
Ms. Arkell stated that the addition is proposed to be around 2,000 to 2,500 sq ft.
0:46:29 Mayor Jacobson
Mayor Jacobson spoke regarding future growth and FTEs.
0:48:14 Cr. Bryson
Cr. Bryson spoke regarding vehicle parking space.
0:48:20 Ms. Arkell
Ms. Arkell stated that they currently out of vehicle parking space. This will need to be looked at
in a future CIP.
0:48:43 Cr. Rupp
Cr. Rupp spoke regarding vehicle storage.
0:50:20 Cr. Becker
Cr. Becker spoke regarding the money in the reserves.
0:51:23 Cr. Becker
Cr. Becker spoke about possibly looking at pre-fabricated buildings.
0:52:44 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:53:08 Cr. Rupp
Cr. Rupp stated that he is ok with the proposal but that the vehicle storage should also be looked
at.
0:54:56 Mayor Jacobson
Mayor Jacobson stated that she went and looked at the current facility and explained that they are
terrible working conditions.
0:57:38 Mr. Kukulski
Mr. Kukulski spoke regarding the proposed addition and the budget.
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1:00:11Cr. Bryson
Cr. Bryson stated that we should see what we can get for $300,000.
1:02:02 Cr. Becker
Cr. Becker stated that he would be in favor of a bid alternate for cold storage.
1:03:31 Cr. Krauss
Cr. Krauss stated that he supports the bid alternate route as well.
1:04:39 Steve Johnson, Superintendent of the Solid Waste Facility
Mr. Johnson spoke regarding the cold storage with dirt floor stating that it is unacceptable
because of drainage.
1:07:50 Motion and Vote to direct staff to proceed with redesigning and rebidding the Solid
Waste Division Building Addition based on Current FY09 Budget Authorization and
Projected Growth within the Division plus an additional bid alternative including vehicle
storage.
It was moved by Cr. Becker, seconded by Cr. Krauss to direct staff to proceed with
redesigning and rebidding the Solid Waste Division Building Addition based on Current
FY09 Budget Authorization and Projected Growth within the Division plus an additional
bid alternative including vehicle storage.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:08:33 3. Andrew and Cassandra Langr Kennel License Application (Lien)
1:08:48 Connie Lien, Animal Control Officer
Ms. Lien presented the staff presentation regarding the Andrew and Cassandra Langr Kennel
License Application. The applicant has 3 cats. Ms. Lien recommended approval of the
application.
1:10:21 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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1:10:30 Motion and Vote to approve the (Andrew and Cassandra) Langr Kennel License
Application.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the (Andrew and
Cassandra) Langr Kennel License Application.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:10:57 4. Nancy Tanner Kennel License Application (Lien)
1:11:06 Ms. Lien
Ms. Lien presented the staff presentation regarding the Nancy Tanner Kennel License
Application. The yard was inspected and adequate. Ms. Lien recommended approval of the
application. There was one letter of opposition.
1:12:31 Ms. Lein
Ms. Lein stated that it was suggested that there are dog training classes at the property that she
was unaware of.
1:13:54Cr. Rupp
Cr. Rupp spoke regarding the number of animals identified on the application.
1:14:38 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:14:51 Cr. Bryson
Cr. Bryson spoke regarding home based businesses.
1:15:08 Mr. Epple
Mr. Epple explained that a home based business would need to be looked at the home occupation
limitation.
1:16:06 Motion and Vote to approve the (Nancy) Tanner Kennel License Application.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the (Nancy) Tanner Kennel
License Application.
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Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:16:27 5. Resolution No. 4145, Establishing Kennel License Application Fees ($50.00)
for the City of Bozeman Animal Control Enforcement Program separate and distinct from
Animal Licensing Fees (Fontenot)
1:16:36 Brit Fontenot, Assistant to the City Manager
Mr. Fontenot presented the staff report regarding Resolution No. 4145, Establishing Kennel
License Application Fees ($50.00) for the City of Bozeman Animal Control Enforcement
Program separate and distinct from Animal Licensing Fees.
1:18:30 Cr. Becker
Cr. Becker asked what the fine is if you don't have a kennel license?
1:18:36 Mr. Fontenot
Mr. Fontenot spoke regarding the fines.
1:18:58 Mr. Fontenot
Mr. Fontenot spoke regarding how staff arrived at the proposed rate.
1:21:38 Public Comment
Mayor Jacobson stated that there were not any members of the public present so she would not
call for public comment.
1:22:05 Motion and Vote to approve Resolution No. 4155, Establishing Kennel License
Application Fees ($50.00) for the City of Bozeman Animal Control Enforcement Program
separate and distinct from Animal Licensing Fees.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Resolution No. 4155,
Establishing Kennel License Application Fees ($50.00) for the City of Bozeman Animal
Control Enforcement Program separate and distinct from Animal Licensing Fees.
Those voting Aye being Crs. Bryson, Rupp, Krauss, and Mayor Jacobson.
Those voting No being Cr. Becker.
The motion passed 4-1.
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1:22:36 6. Provisional Adoption of Ordinance No. 1757, City Commission Rules of
Procedure (Ulmen/Planalp)
1:22:56 Stacy Ulmen, City Clerk
Ms. Ulmen presented the staff report regarding the Provisional Adoption of Ordinance No. 1757,
City Commission Rules of Procedure. The changes include the bonding requirement, policy
meetings and public comment, emergency meetings, signatures and authentication on
Ordinances, agenda preparation, rescheduling of meetings, location change, policy meetings, and
executive sessions.
1:30:49 Cr. Bryson
Cr. Bryson spoke regarding conflict of interest.
1:31:19 Cr. Krauss
Cr. Krauss spoke regarding tie votes.
1:38:31 Mayor Jacobson
Mayor Jacobson spoke regarding time limits for the applicant's presentation.
1:41:08 Mayor Jacobson
Mayor Jacobson spoke regarding Section 2.04.170 ORDER OF PRESENTATION…: Delete
item #10 and add to the end of #5. The Presiding Officer may lengthen or shorten public
testimony.
1:41:47 Mr. Planalp
Mr. Planalp spoke regarding Section 2.04.160 RULES OF DEBATE.
1:45:44 Cr. Krauss
Cr. Krauss suggested language regarding section 2.04.160 RULES OF DEBATE: Rewording
letter E. "A Commissioner may rely upon the advice of the City Attorney as to whether the
Commissioner has a conflict of interest. If advised that the Commissioner has a conflict of
interest, the Commissioner must excuse themselves from discussion except in the event of a tie
vote".
1:47:57 Mayor Jacobson
Mayor Jacobson asked that the changes be read back.
1:48:02 Ms. Ulmen
Ms. Ulmen read back the changes suggested.
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1:48:40 Public comment
Mayor Jacobson opened public comment.
1:48:49 Chris Wilcox, Public Comment
Mr. Wilcox spoke regarding the bonding.
1:50:03 Public Comment Closed.
The public comment was closed.
1:50:10 Cr. Rupp
Cr. Rupp spoke regarding the executive session minutes.
1:52:57 Motion to provisionally adopt Ordinance No. 1757, City Commission Rules of
Procedure with the amendments and changes spoken about tonight.
It was move by Cr. Rupp, seconded by Cr. Becker to provisionally adopt Ordinance No.
1757, City Commission Rules of Procedure with the amendments and changes spoken
about tonight.
1:53:19 Ms. Ulmen
Ms. Ulmen read the changes that were suggested.
1:54:35 Cr. Bryson
Cr. Bryson feels it is unethical to vote if there is a conflict of interest, even in the event of a tie.
1:59:50 Vote on the Motion to provisionally adopt Ordinance No. 1757, City Commission
Rules of Procedure with the amendments and changes spoken about tonight.
Those voting Aye being Crs. Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being Cr. Bryson.
The motion passed 4-1.
2:00:00 7. (Re)Appointments to the North Seventh Urban Renewal Board, from
February 2, 2009 (Kissel)
Mayor Jacobson stated that these are Mayoral appointments with the consent of the Commission.
She would like to appoint Andrew Cetraro and Scott Hedglin.
2:00:44 Motion and Vote to consent to Mayor Jacobson's appointments of (Andrew Cetraro
and Scott Hedglin).
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It was moved by Cr. Krauss, seconded by Cr. Bryson to consent to Mayor Jacobson's
appointments of (Andrew Cetraro and Scott Hedglin).
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:01:45 Motion and Vote to approve Susan Kozub and Kevin Cook as appointments to the
North Seventh Urban Renewal Board.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Susan Kozub and Kevin
Cook as appointments to the North Seventh Urban Renewal Board.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:02:06 8. Appointments to the Bozeman Historic Preservation Advisory Board (Kissel)
2:02:33 Motion and Vote to appoint John Bailey and Roberta Kerr.
It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint John Bailey and Roberta
Kerr.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:02:58 9. Appointment to the Bozeman Area Bicycle Advisory Board (Kissel)
2:03:07 Motion and Vote to approve Baker Lyon as a City Resident (on the Bozeman Area
Bicycle Advisory Board).
It was moved by Cr. Becker, seconded by Cr. Rupp to approve Baker Lyon as a City
Resident (on the Bozeman Area Bicycle Advisory Board).
Those voting Aye being Crs. Becker, Rupp, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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2:03:52 H. FYI/Discussion
2:03:59 1. Reminder that the next Commission Meeting is TUESDAY, February 17,
2009
2:04:16 2. Law and Justice Center
Mr. Kukulski stated that this Wednesday a meeting will take place in front of the County CIP
group regarding the Law and Justice Center. Schematics of the proposed layout will be shown
and discussed with the group.
2:15:51 3. Confirmation of City Attorney
Mr. Kukulski thanked the Commission for their support of confirming Greg Sullivan as the new
City Attorney. He will begin his position in April.
2:16:40 4. Mental Health Local Advisory Council and Victim Witness Task Force
Commission Liaison Positions
Cr. Bryson stated that these boards would like City representation. He is willing to be the liaison
to these boards. The Commission agreed to get the paperwork done to take formal action. Cr.
Bryson stated that Glenda Howze at the County is the contact. The Clerk's Office will seek
more information on this and prepare a memo for formal action.
2:21:41 5. Bogert Park Neighborhood Park Association
Mr. Fontenot stated that the INC Neighborhood Council will be welcoming in a new
Neighborhood Association. This is the Bogert Park Neighborhood Park Association. There is
also another potential neighborhood association in the works.
2:24:16 6. Joint City-Town County Meeting, February 27, 2009
Ms. Ulmen reminded the Commission about that the Joint City-Town County Meeting, February
27, 2009.
2:24:34 7. Ground breaking for the February 12, 2009
Ms. Ulmen asked to Commission to confirm their attendance at this event.
2:25:10 I. Adjournment
Mayor Jacobson adjourned the meeting at 8:12 p.m.
________________________________
Kaaren Jacobson, Mayor
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ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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