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HomeMy WebLinkAboutJuly 27, 2009 Minutes LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 27, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, July 27, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. 0:03:49 A. Call to Order – 6 p.m. – City Commission Room, City Hall, 121 North Rouse Deputy Mayor Krauss called the meeting to order. 0:03:50 B. Pledge of Allegiance and a Moment of Silence 0:04:37 C. Changes to the Agenda Deputy Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to the Agenda. 0:04:51 Chuck Winn, Assistant City Manager Mr. Winn asked that the Commission Authorize the Absence of Mayor Jacobson and that Action Item 8, (because it is a Mayoral appointment) be moved to the next meeting. 0:05:29 D. Public Service Announcement – Opening of Fire Station Number 3 (Shrauger) 0:05:45 Jason Shrauger, Fire Chief Mr. Shrauger gave the Public Service Announcement regarding the Opening of Fire Station Number 3. 0:07:49 Motion and Vote to approve the absence of Mayor Jacobson. It was moved by Cr. Rupp, seconded by Cr. Becker to approve the absence of Mayor Jacobson. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 4 Minutes of the Bozeman City Commission Meeting, July 27, 2009 2 0:08:01 E. Minutes – June 4, 2009 Policy Meeting and June 15, 2009 0:08:06 Motion and Vote to approve the Minutes from the June 4, 2009 Policy Meeting and June 15, 2009. It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Minutes from the June 4, 2009 Policy Meeting and June 15, 2009. Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:08:17 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign the Public Street and Utility Easement from Bozeman Lakes LLC, Valley West Subdivision (Stodola) 3. Approve Resolution of Intent No. 4194 Closure of Moss Bridge Road at its intersection with Secondary 205 (Kerr) 4. Approve Resolution No. 4197 and Authorize the City Manager to sign Change Order No. 1, 2009 Street Improvements (Kerr) 5. Approve and Authorize City Manager to sign the Notice of Award to Edstrom Construction, Inc. in the amount of $346,377.00 for the Lyman Creek Water System Infrastructure Improvements (Murray) 0:08:21 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:08:30 Motion and Vote approving Consent Items F. 1-5. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Consent Items F. 1-5. Those voting Aye being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:08:41 G. Public Comment Deputy Mayor Krauss opened public comment. No person commented. 5 Minutes of the Bozeman City Commission Meeting, July 27, 2009 3 Deputy Mayor Krauss closed public comment. 0:09:04 H. Action Items 0:09:08 1. Resolution No. 4171, Renaming the Burke Park Ridge Trail the Chris Boyd Memorial Trail (Fontenot) 0:09:15 Brit Fontenot, Neighborhood's Coordinator/Assistant to City Manager Mr. Fontenot gave the staff presentation regarding Resolution No. 4171, renaming the Burke Park Ridge Trail the Chris Boyd Memorial Trail. 0:10:04 Ron Dingman, Director of Parks and Recreation Mr. Dingman spoke regarding Mr. Boyd stating that he was a positive impact on the community. 0:10:53 Mr. Fontenot Mr. Fontenot spoke regarding the changes that will take place on the trail if the Resolution is approved. 0:12:22 Public Comment Deputy Mayor Krauss opened public comment. 0:12:32 Gary Vodehnal, Public Comment Mr. Vodehnal of 614 South 7th stated that Chris was a friend and a mentor to him. He was passionate about trails. This is a nice way to honor him. 0:13:59 Public Comment closed Deputy Mayor Krauss closed public comment. 0:14:06 Motion to approve Resolution No. 4171 (Renaming Burke Park Ridge Trail the Chris Boyd Memorial Trail). It was moved by Cr. Rupp, seconded by Cr. Becker to approve Resolution No. 4171 (Renaming Burke Park Ridge Trail the Chris Boyd Memorial Trail). 0:14:17 Cr. Rupp Cr. Rupp spoke regarding his relationship with Mr. Boyd. He was the lead on trail systems in Bozeman. 0:15:34 Vote on the Motion to approve Resolution No. 4171 (Renaming Burke Park Ridge Trail the Chris Boyd Memorial Trail). Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 6 Minutes of the Bozeman City Commission Meeting, July 27, 2009 4 0:16:18 2. (Public Hearing) for Downtown Business Improvement District (BID) Fiscal Year 2010 Work Plan and Budget (Chris Naumann, Executive Director, Downtown Business Improvement District) 0:16:30 Chris Naumann, Executive Director, Downtown Business Improvement District Mr. Naumann gave the presentation regarding the Downtown Business Improvement District (BID) Fiscal Year 2010 Work Plan and Budget. State law identifies that the Commission must approve the annual work plan and budget. There are no fiscal effects on the City proper. 0:17:50 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:18:06 Motion and Vote to approve the Downtown Business Improvement District Fiscal Year 2010 Work Plan and Budget. It was moved by Cr. Becker, seconded by Cr. Bryson to approve the Downtown Business Improvement District Fiscal Year 2010 Work Plan and Budget. Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:18:26 3. Provisional Adoption of Ordinance No. 1765: An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement District (Sullivan) 0:18:37 Greg Sullivan, City Attorney Mr. Sullivan gave the presentation regarding the Provisional Adoption of Ordinance No. 1765: An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement District. This only applies to hotels. 0:20:07 Cr. Rupp Cr. Rupp spoke regarding the board membership. 0:20:48 Cr. Bryson Cr. Bryson spoke regarding the Board's power of acquiring and selling property. This should be a specific provision. 7 Minutes of the Bozeman City Commission Meeting, July 27, 2009 5 0:22:41 Cr. Becker Cr. Becker spoke regarding a Commission Liaison appointment. 0:22:56 Mr. Sullivan Mr. Sullivan stated that this is not required under the way the statute is created. 0:23:07 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:30:35 Motion to provisionally adopt Ordinance No. 1765 with an additional provision in 2.90.020 sub a. Listed as item No. 10, we authorize acquisition and disposal of real property with the consent of the City Commission. It was moved by Cr. Bryson, seconded by Cr. Rupp to provisionally adopt Ordinance No. 1765 with an additional provision in 2.90.020 sub a. Listed as item No. 10, we authorize acquisition and disposal of real property with the consent of the City Commission. 0:40:37 Amendment to the Main Motion to add to the BMC (page 9 of 11 G. Work Plan and Budget) "The Board of Trustees for the BTBID, in consultation with the Bozeman Convention and Visitors Bureau, shall annually prepare a work plan, and budget (add the word "audit") and submit the same to the Bozeman City Commission". It was moved by Cr. Rupp, seconded by Cr. Becker to add to the BMC (page 9 of 11 G. Work Plan and Budget) "The Board of Trustees for the BTBID, in consultation with the Bozeman Convention and Visitors Bureau, shall annually prepare a work plan, and budget (add the word "audit") and submit the same to the Bozeman City Commission". 0:44:16 Vote on the Amendment to the Main Motion to add to the BMC (page 9 of 11 G. Work Plan and Budget) "The Board of Trustees for the BTBID, in consultation with the Bozeman Convention and Visitors Bureau, shall annually prepare a work plan, and budget add the word "audit") and submit the same to the Bozeman City Commission". Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:44:30 Vote on the Main Motion (as amended) to provisionally adopt Ordinance No. 1765 with an additional provision in 2.90.020 sub a. Listed as item No. 10, we authorize acquisition and disposal of real property with the consent of the City Commission. 8 Minutes of the Bozeman City Commission Meeting, July 27, 2009 6 Those voting Aye being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:44:52 4. Custodial Contracts for City Owned Buildings for Fiscal Year 2009-2010 (Goehrung) 0:45:07 James Goehrung, Director of Facilities Mr. Goehrung gave the staff presentation regarding Custodial Contracts for City Owned Buildings for Fiscal Year 2009-2010. 0:46:18 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding the costs for cleaning the library. 0:46:55 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding possible staff position instead of bidding the work out. 0:47:03 Mr. Goehrung Mr. Goehrung spoke regarding the costs of hiring staff compared to contracting the work out. 0:50:44 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding bidding this out again. 0:52:41 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:53:10 Motion to award the 2009-2010 Custodial Contract for City owned Buildings as outlined in the staff report. It was moved by Cr. Rupp, seconded by Becker to award the 2009-2010 Custodial Contract for City owned Buildings as outlined in the staff report. 1:05:04 Motion to table. It was moved by Cr. Becker, seconded by Cr. Bryson to table. 1:07:00 Vote on the Motion to Table. Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 9 Minutes of the Bozeman City Commission Meeting, July 27, 2009 7 1:07:13 5. Decision on Professional Services Agreement with Michelle Puiggari for Investigation into Various City Hiring Practices (Sullivan) 1:07:27 Mr. Sullivan Mr. Sullivan gave the staff presentation regarding the Decision on Professional Services Agreement with Michelle Puiggari for Investigation into Various City Hiring Practices. 1:08:43 Cr. Rupp Cr. Rupp spoke regarding the destruction of records that have already obtained. 1:09:11 Mr. Sullivan Mr. Sullivan will come back with an opinion on this. 1:10:02 Public Comment Deputy Mayor Krauss opened public comment. 1:10:16 Rick Klein, Public Comment Mr. Klein spoke regarding his concern of spending money on the investigator. 1:11:23 Public Comment closed Deputy Mayor Krauss closed Public Comment. 1:11:36 Motion to authorize the Mayor to sign a Professional Services Agreement with Michelle Puiggari for investigation into various city hiring practices. It was moved by Cr. Becker, seconded by Cr. Bryson to authorize the Mayor to sign a Professional Services Agreement with Michelle Puiggari for investigation into various city hiring practices. 1:11:48 Cr. Rupp Cr. Rupp would like to see the investigation completed faster than the October 1st deadline as listed in the contract. 1:17:12 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding the levels of Commission review. 1:22:47 Cr. Rupp Cr. Rupp stated that he would like to see it done by September 1st. 1:26:36 Vote on the Motion to authorize the Mayor to sign a Professional Services Agreement with Michelle Puiggari for investigation into various city hiring practices. Those voting Aye being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss. Those voting No being none. 10 Minutes of the Bozeman City Commission Meeting, July 27, 2009 8 The motion passed 4-0. 1:26:47 Cr. Bryson Cr. Bryson spoke regarding the redacted email. He wondered if it is now a public record. 1:26:59 Mr. Sullivan Mr. Sullivan stated that the redacted email is now a public record. 1:27:11 6. Appointment to the Zoning Commission (Kissel) 1:27:23 Motion and Vote to appoint Edward Szczypinski (Sypinski) to the Zoning Commission. It was moved by Cr. Bryson, seconded by Cr. Rupp to appoint Edward Szczypinski (Sypinski) to the Zoning Commission. Those voting Aye being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:27:36 7. Appointment to the Beautification Advisory Board (Kissel) 1:27:42 Motion and Vote to appoint Jason Cohn to the Bozeman Beautification Advisory Board. It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Jason Cohn to the Bozeman Beautification Advisory Board. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:27:59 9. Re-appointments to the Tree Advisory Board (Kissel) 1:28:29 Motion and Vote to reappoint Mary Keck and Rodney Walters to the Tree Advisory Board. It was moved by Cr. Rupp, seconded by Cr. Becker to reappoint Mary Keckand Rodney Walters to the Tree Advisory Board. Those voting Aye being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 11 Minutes of the Bozeman City Commission Meeting, July 27, 2009 9 1:28:47 I. FYI/Discussion 1:28:51 1. Reminder of Meeting Start time of 4 p.m. on August 3, 2009 Ms. Ulmen reminded the Commission that the next meeting will begin at 4 p.m. beginning with Budget Presentations. 1:29:58 2. South 19th Project Ms. Arkell updated the Commission on the South 19th Project. You will not be able to turn east onto Kagy from here. They are projecting that the entire project will be completed in October or the first part of November. 1:32:15 3. Update on College Street Trail Ms. Arkell stated that an engineering firm is working on the design. CTEP has been looking at the application and are looking at right-of-way agreements. There have been negotiations. It is doubtful that construction on the trail will take place this year, possibly next spring. 1:34:37 4. Northwestern Energy Meetings Mr. Winn stated that a meeting took place regarding coordinating some of the work downtown. Mr. Winn spoke regarding Northwestern Energy's gas line service and repair. They have easements that they work within. Mr. Winn stated that they are planning to come before the Commission at a future meeting. Ms. Rosenberry stated that an insurance adjuster will be coming through City Hall tomorrow. 1:38:54 5. Susan Stodola Appreciation Ms. Arkell stated that Engineer Susan Stodola is resigning from her position and that an open house will take place for her on Wednesday afternoon at the Professional Building. 1:39:17 J. Adjournment Deputy Mayor Krauss adjourned the meeting at 7:38 p.m. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk 12 Minutes of the Bozeman City Commission Meeting, July 27, 2009 10 PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 13