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HomeMy WebLinkAbout06-22-09 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 22, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, June 22, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Greg Sullivan, and Deputy City Clerk Aimee Kissel. 0:01:26 A. Call to Order- 6 p.m. -City Commission Room, City Hall. 121 North Rouse Deputy Mayor Krauss called the meeting to order at 6:01 p.m. 0:01:27 B. Pledge of Allegiance and a Moment of Silence 0:02:26 C. Changes to the Agenda Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:02:32 Chris Kukulski, City Manager Mr. Kukulski said that the only changes to the agenda was the addendum that went out on Friday and added Action Item G. 1. Discussion on Use of the Internet for City Background Checks. 0:03:06 D. Authorize Absence of Mayor Jacobson 0:03:12 Motion and Vote to authorize the absence of Mayor Jacobson. It was moved by Cr. Becker, seconded by Cr. Bryson to authorize the absence of Mayor Jacobson. Those voting Ave being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:03:31 E. Consent 0:03:37 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. Minutes of tlxe Bozeman City Commission, June 22, 2009 0:03:45 Cr. Rupp Cr. Rupp brought up a concern that consent item 7, the economic development plan, is scheduled for presentation on July 20th along with the budget and community plan which may not allow enough time and may need a special meeting to review as it is very important. 0:04:05 Aimee Kissel, Deputy Clerk Ms. Kissel responded to Cr. Rupp's scheduling questions by listing the action agenda items on the July 20th draft agenda. 0:05:29 Motion and Vote to approve consent items E. 1-7, 11, 12 and 13. It was moved by Cr. RUAA, seconded by Cr. Becker to approve consent items E. 1-7, 11, 12 and 13. Those voting Ave being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:05:59 Motion to approve Consent items E. 8, 9 and 10. It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent Items E. 8, 9 and 10. 0:06:05 Cr. Becker Cr. Becker brought up a question for the City Attorney regarding consent item 8. the Bylaws of the North Seventh Urban Renewal Board dealing with conflict of interest and recusement procedures listed. 0:06:51 Greg Sullivan, City Attorney Mr. Sullivan responded to Cr. Becker's question saying that once the board member stepped off the dais and recused themselves, revealing the conflict of interest, they have the right to participate as a member of the public. 0:07:51 Cr. Becker Cr. Becker asked a question regarding the bylaws of the North Seventh Urban Renewal Board, wondering whether proxy voting is allowed on citizen advisory boards. 0:08:05 Mr. Sullivan Mr. Sullivan asked Cr. Becker if he would like staff to look at how proxy voting would work on this board and bring that question back before the Commission. 0:08:28 Cr. Becker Cr. Becker does not feel this item needs to come back, but if it is a problem it can be re-visited later. Minutes of the Bozeman City Coi~i»aission, June 22, 2009 0:08:42 Cr. Rupp Cr. Rupp had some concerns regarding the North Seventh -Urban Renewal Board bylaws but most of his vote in the negative was concerning the Buttreys Solvent Site issue. 0:08:54 Vote on the motion to approve Consent Items E. 8, 9 and 10. Those voting Ave being Crs. Becker, Bryson and Deputy Mayor Krauss. Those voting No being Cr. Rupp. The motion nassed 3-1. 0:09:14 F. Public Comment Deputy Mayor Krauss opened public comment. 0:09:35 Pattie Berg, City Human Resource Director Ms. Berg apologized for her decision to request user names and passwords on applicant Internet based chat rooms, social clubs or forums and explained her original thought processes for that decision. 0:12:41 Public Comment Closed Seeing no further public comment, Deputy Mayor Krauss closed public comment. 0:12:52 1. Discussion on Use of the Internet for City Background Checks 0:13:26 Mr. Kukulski Mr. Kukulski provided a memorandum and attachments at the door and posted on-line in addition to the regular commission packets for this item. He began the staff presentation on this item. 0:25:44 Pattie Berg, Human Resource Director Ms. Berg presented additional information regarding the cities hiring practices and explained the hand-outs provided at the meeting. 0:31:28 Mark LaChapelle, Deputy Chief of Investigations, Police Department Mr. Lapachelle gave a presentation regarding information on the scope of the background investigations for police, sworn officer applicants, and applicants applying for positions in the police department. 0:39:08 Jason Shrauger, Fire Chief Mr. Shrauger gave a presentation regarding the fire departments hiring practices and the thought process behind the inception of those practices. 0:43:32 Public Comment Deputy Mayor Krauss opened public comment. Minutes of the Bozeman City Canmission, June 22, 2009 0:43 :41 Rick Klein, Public Comment Mr. Klein of Bozeman voiced concern that seasonal or temporary jobs may not be advertised. 0:45:47 Gerri Westrick, Public Comment Ms. Westrick of 2727 West Mendenhall thanked the Commission and Ms. Berg for being so quick and responsive when this matter came to light. 0:47:01 Public Comment Closed Seeing no further public comment, Deputy Mayor Krauss closed public comment. 0:52:37 Motion to direct the City Manager to remove immediately any request for usernames and passwords for any social networking services at any time in the city hiring practices. It was moved by Cr. Bryson, seconded by Cr. Rupp to direct the City Manager to remove immediately any request for usernames and passwords for any social networking services at any time in the city hiring practices. 0:52:53 Cr. Bryson Cr. Bryson would like to ensure with this motion that this hiring practice is not just suspended. 0:53:32 Vote on the motion to direct the City Manager to remove immediately any request for usernames and passwords for any social networking services at any time in the city hiring practices. Those voting Ave being Crs. Bryson, Rupp, Becker, and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:53:39 Motion to direct the City Manager and Human Resources department that any changes to city applications come before us for full discussion. It was moved by Cr. Bryson, seconded by Cr. Rupp to direct the City Manager and Human Resources department that any changes to city applications come before us for full discussion. 1:06:21 Cr. Bryson Cr. Bryson clarified the sentiment saying that his expectation was that we have a standard uniform hiring policy right now in place and any changes to that policy should come before this commission at least for some review and consultation. His motion would be any substantial changes to that standard hiring practice should come before this board. 1:07:19 Vote on the motion to direct the City Manager and Human Resources Department that any substantial changes to the standard hiring practice should come before this board. 4 Minuses oflhe Bozeman City Commission, June 22, 2009 Those voting Ave being Crs. Bryson, Ruaa, Becker and Deputy Mavor Krauss. Those voting No being none. The motion Gassed 4-0. 1:08:49 Motion and Vote to schedule a policy meeting in 30 days for a more thorough update on the hiring procedures as well as a discussion on appropriate levels of screening. It was moved by Cr. Becker, seconded by Cr. Bryson to schedule a policy meeting in 30 days for a more thorough update on the hiring procedures as well as a discussion on aaaroariate levels of screening. 1:09:08 Vote on the motion to schedule a policy meeting in 30 days for a more thorough update on the hiring procedures as well as a discussion on appropriate levels of screening. Those voting Ave being Crs. Becker, Rupp and Deputy Mavor Krauss. Those voting No being Cr. Bryson. The motion Gassed 3-1. 1:09:43 1. Adopt the City Manager's Recommended Budget as the Fiscal Year 2009- 2010 Preliminary Budget and Call for the Budget Hearing (Rosenberry) 1:09:55 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation for this item. 1:14:13 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 1:14:49 Motion and vote to adopt the City Managers recommended budget as the preliminary budget for fiscal year 2009-2010 with the operating restrictions as listed in the staff memo. It was moved by Cr. Ruaa, seconded by Cr. Becker to adopt the City Managers recommended budget as the areliminarv budget for fiscal year 2009-2010 with the operating restrictions as listed in the staff memo. Those voting Ave being Crs. Rupp, Becker, Bryson and Deputy Mavor Krauss. Those voting No being none. The motion passed 4-0. 1:15:11 Motion and Vote to set the Budget Hearing date for July 20, 2009 and direct staff to prepare notice and budget resolutions. 5 Minutes of the Bozemm~ Cary Ca~zniission, June 22, 2009 It was moved by Cr. Rupp, seconded by Cr. Becker to set the Budget Hearing date for July 20, 2009 and direct staff to prepare notice and budget resolutions. Those voting Ave being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:15:30 2. Sola Cafe Conditional Use Permit No. Z-09069 (Public Hearing) (Riley) 1:15:36 Andy Epple, Planning Director Mr. Epple gave the staff presentation on this item. 1:17:40 Public Comment Deputy Mayor Krauss opened public comment. 1:17:51 Tiffany Lash, owner ofSola Cafe. Applicant Ms. Lash informed the Commission she was available for questions. 1:19:11 Public Comment and Public Hearing Closed Deputy Mayor Krauss closed public comment and the public hearing on this item. 1:19:31 Motion to approve the Sola Cafe Conditional Use Permit Application #Z-09069 with the conditions of approval as outlined in the staff report. It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Sola Cafe Conditional Use Permit Application #Z-09069 with the conditions of approval as outlined in the staff report, 1:21:04 Vote on the motion to approve the Sola Cafe Conditional Use Permit Application #Z-09069 with the conditions of approval as outlined in the staff report. Those voting Ave being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:21:14 3. Appeal of Conditions of Public Assembly and Street Closure Request for The Green Coalition of Gay Loggers for Jesus Walk on July 4, 2009 (Arkell) 1:21:30 Greg Sullivan, City Attorney Mr. Sullivan presented an addendum to the commission memorandum that lays out a suggested process. Mr. Sullivan explained this process. 1:23:21 Debbie Arkell, Public Works Director Ms. Arkell explained the process that was used to deal with this application and subsequent appeal to this point. 6 Alinutes of the Bozeman Cih~ Conznzissiwz, Juize 22, 2009 1:28:15 Brian Leland, Applicant Mr. Leland, the president of the Green Coalition of Gay Loggers for Jesus presented information regarding this item. 1:42:20 Public Comment Deputy Mayor Krauss opened public comment. 1:42:35 Rick Klein. Public Comment Mr. Klein stated he agreed with Cr. Rupp regarding the offensiveness of the title of this group. 1:43:14 Public Comment Closed Seeing no further public comment, Deputy Mayor Krauss closed public comment. 1:45:48 Public Hearing Closed Deputy Mayor Krauss closed the public hearing on this item. 1:47:46 Motion to affirm the Public Works Director's conditions of approval as listed in the approval letter. It was moved by Cr. Rupp, seconded by Cr. Becker to affirm the Public Works Director's conditions of approval as listed in the approval letter. 1:52:54 Vote on the motion to affirm the Public Works Director's conditions of approval as listed in the approval letter. Those voting Ave being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:53:08 Break 1:54:19 Meeting called back to order. Deputy Mayor Krauss called the meeting back to order. 1:54:29 4. Ordinance No. 1761, First Reading amending Title 18, Unified Development Ordinance No. Z-08041, Open and Continued from May 11, May 18, May 26 and June 8, 2009 (Saunders) 1:54:39 Chris Saunders, Assistant Director of Planning Mr. Saunders presented the staff report on this item. 1:59:41 Cr. Rupp voted on the amendments made during previous meetings that ended in tie votes and required Cr. Rupp to break the ties. Cr. Rupp voted No on the amendment moved by Cr. Becker, seconded by Cr. Pro-Tem Jacobson to maintain the net density of 6 units per acre. Minutes of the Bozeman Ciry Comnzission, June 22, 2009 Cr. Rupp voted No on the amendment moved by Cr. Bryson, seconded by Cr. Pro-Tem Jacobson regarding section 18.52.140, to strike the amended text provisions that allows for off premise signs in transit shelters and establishing standards. This vote happened after Cr. Rupp acknowledged for the record a conflict of interest regarding this item because he works for the Human Resource Development Council which operates the Streamline/Galavan Transportation System. He moved forward to break the tie. Cr. Rupp voted Yes on the amendment moved by Cr. Bryson, seconded by Cr. Krauss that regarding 18.46.040 sub c. to remove the option that provides for installation of shower facilities and lockers. 2:01:20 Amendment to the original main motion to remove from the main motion those items related to our changes on the casino. It was moved by Cr. Rupp, seconded by Cr. Becker to make an amendment to remove from the main motion those items related to our changes on the casino. 2:04:13 Andy Epple, Planning Director Mr. Epple mentioned that the casino issue has been tentatively scheduled for the July 3rd policy meeting to discuss this. 2:05:00 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding placing this item on a Monday night. 2:15:03 It was moved by Cr. Rupp to remove from this Ordinance Sections 18.80.470 Casino, 18.18.02 footnote 8 and set some time aside to come back to this complicated section. 2:15:30 Cr. Becker clarified the motion confirming that Cr. Rupp meant to remove the edits on section 18.80.470 on casinos. Cr. Rupp confirmed this point of clarification and then Cr. Becker seconded the motion. 2:16:23 Vote on the motion to remove from this Ordinance (the edits on) Sections 18.80.470 Casino, 18.18.02 footnote 8 and set some time aside to come back to this complicated section. Those voting Ave being Crs.Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:16:45 Motion that we eliminate our definition of the number of appropriate gaming machines in an existing casino or establishment whose purpose is to engage in gambling to the state limit per their application. Minutes of Nye Bozeman City Commission, Jnrae 22, 2009 It was moved by Cr. Bryson, seconded by Cr. Rupp that we eliminate our definition of the number of appropriate gaming machines in an existing casino or establishment whose purpose is to engage in gambling to the state limit per their application. 2:17:09 Mr. Sullivan Mr. Sullivan asked Mr. Epple and Mr. Saunders if Cr. Bryson's question had been noticed to the public so far. 2:17:20 Mr. Epple Mr. Epple stated that it has not and the concern is that what was advertised was taking fifteen machines down to one so to suggest now that the casino regulation would be relaxed now from fifteen to twenty was beyond what was advertised. 2:18:32 Mr. Sullivan Mr. Sullivan stated that this is a significant deviation from what was noticed. 2:21:46 Cr. Bryson withdrew his motion pending a thorough discussion of this issue. 2:22:26 Mr. Saunders Mr. Saunders brought up that the edit regarding noticing still needed addressed. He spoke to the details regarding this edit suggestion. 2:26:56 Motion to adopt amendment as proposed by staff to 18.76.30 Section C. It was moved by Cr. Becker, seconded by Cr. Bryson to adopt the amendment as proposed by staff to 18.76.30 Section C. 2:27:13 Deputy Mayor Krauss Deputy Mayor Krauss read the edits out loud saying, "the notice may be provided by property owners in any additional area that may be substantially impacted by the proposed change or use as determined by the planning director and the planning director may use other means in addition to posting, mailing or publication to provide notice." He further clarified that the edit just allows for additional means of publication not fewer means. 2:27:45 Vote on the motion to adopt amendments as proposed by staff to 18.76.30 Section C Those voting Ave being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:28:02 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. A4inutes of the Bozeman Ciry Commissioiz, June 22, 2009 2:28:13 Vote on the main motion that had been opened and continued from May 11, May 18, May 26 and June 8, 2009 as provisional adoption of Ordinance No. 1761, amendments to Title 18, Unified Development Ordinance as amended. Those voting Ave being Crs. Becker, Krauss, Rupp and Bryson. Those voting No being none. The motion passed 4-0. 2:29:11 5. Request for Classification of Use -Roof Top Ventilation/Mechanical Equipment (Eppley 2:29:22 Mr. Epple Mr. Epple gave the staff presentation on this item. 2:41:37 Public Comment Opened Deputy Mayor Krauss opened public comment. 2:41:51 Tom Holcomb, Public Comment Mr. Holcomb is a blacksmith and said the vents in question cannot have patina applied. He also spoke regarding the materials used and the roof line aspects of this item. 2:42:42 Public comment Closed Deputy Mayor Krauss closed public comment. 2:48:46 Deputy Mayor Krauss Deputy Mayor Krauss said that he does not see any reason to vote on anything in this regard. 2:50:15 6. City Policy on Meal Purchases and Credit Card Use (Kukulski) 2:50:23 Mr. Kukulski Mr. Kukulski began the staff presentation on this item. 3:00:55 Public Comment Deputy Mayor Krauss opened public comment. 3:01:05 Michael, Public Comment Michael from Belgrade stated that he would not like tax payer money used for meals. 3:01:51 Public Comment Closed Deputy Mayor Krauss closed public comment. 3:13:14 Deputy Mayor Krauss handed the gavel to Cr. Rupp. 3:13:17 Motion that Commissioners report as compensation there regularly scheduled meal that the City buys when they meet with the City Manager that the City reports that as 10 Minutes of 17~e Bozeman Ciry Commission, June 22, 2009 compensation and that the Ordinance that allows for the compensation of City Commissioners be amended to include that. It was moved by Cr. Krauss, seconded by Cr. Becker that Commissioners report as compensation there regularly scheduled meal that the City buys when they meet with the City Manager that the Citv reports that as compensation and that the Ordinance that allows for the compensation of City Commissioners be amended to include that. 3:15:28 Vote on the motion that Commissioners report as compensation there regularly scheduled meal that the City buys when they meet with the City Manager that the City reports that as compensation and that the Ordinance that allows for the compensation of City Commissioners be amended to include that. Those voting Ave being Crs. Krauss, Becker, Bryson and Deputy Pro-Tem Rupp. Those voting No being none. The motion passed 4-0. 3:16:12 7. Staff Update on Bridger View Trailer Park -Story Mill Neighborhood Planned Unit Development (Epple) 3:16:19 Mr. Epple Mr. Epple gave the Commissioners an update on this item. 3:20:12 Public Comment Deputy Mayor Krauss opened public comment. 3:20:14 Tom Holcomb, Public Comment Mr. Holcomb is an adjacent property owner to this site and he feels it is becoming a public eye sore. Every trailer has broken windows and the doors kicked in and he also voiced concern about the deer population there. 3:21:57 Tom Holcomb, Public Comment Mr. Holcomb responded to a question from Deputy Mayor Krauss saying that every trailer he saw was broken into and he has seen people coming and going from them. 3:22:17 Deputy Mayor Krauss Deputy Mayor Krauss agreed with Cr. Rupp that this area probably already is a public hazard and we need to make some determinations on this. 3:23:13 8. Staff Update on Proposed College Street Trail Extension (Fontenot) 3:23:17 Brit Fontenot, Assistant to City Manager Mr. Fontenot gave the staff presentation on this item. 11 Minutes of the Bozenzan City Conimissiorv, June 22, 2009 3:26:32 Deputy Mayor Krauss Deputy Mayor Krauss asked if the Commission wanted to meet on July 2nd. He mentioned that July 2°d would be too soon for staff to prepare for the casino issue. 3:27:32 Deputy Mayor Krauss Deputy Mayor Krauss asked if the Commission wanted to schedule a meeting on July 29th or cancel (since it's the 5th Monday of the month). 3:28:37 Cr. Bryson Cr. Bryson said if there are no agenda items for the 29th, they should take the meeting off. 3:28:52 Aimee Kissel, Deputy City Clerk Ms. Kissel presented an FYI regarding stone work to be done on the face of the building on the east entrance from the 24th to the 28th. 3:30:28 J. Adjournment Deputy Mayor Krauss adjourned the meeting at 9:54. ATTEST: Stac Ul en, CMC, City Clerk PREPARED BY: f Aimee issel, Deputy City Clerk Approved on ~ ttRUS~- 3, o? O©`~ f s, De ty ayor 12