HomeMy WebLinkAboutJuly 13, 2009 Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 13, 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, July 13, 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, Planning Director Andy Epple, City Attorney Greg Sullivan and Deputy
City Clerk Aimee Kissel.
0:00:01 A. Call to Order - 6 p.m. - City Commission Room, City Hall, 121 N. Rouse
0:00:02 B. Pledge of Allegiance and a Moment of Silence
0:00:42 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:00:46 Chris Kukulski, City Manager
Mr. Kukulski asked that item H. 5., the lease agreement with Gallatin County for a second
municipal court, be removed from the agenda.
0:01:07 D. Minutes - May 18, 2009
0:01:16 Motion and Vote to approve the Minutes of May 18, 2009.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Minutes of May 18,
2009.
Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:01:28 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Release and Reconveyance of Easement for West
Winds Subdivision Phase 5 – (West Winds Master Homeowners’ Association,
Inc.) (Stodola)
3. Authorize City Manager to sign Closing Documents-Condominium Declaration
and Bylaws for Public Safety Condominiums, Fire Station Unit (Shrauger )
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4. Approve a Liquor License for 18 Miles to The Border to sell Beer and Wine at
131 West Main Street (Neibauer)
0:01:32 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:01:46 Motion and Vote to approve Consent Items E. 1-4.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Consent Items E. 1-4.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:02:01 F. Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:02:25 G. Special Presentations
0:02:28 1. Update on the Status of the Bogert Band Shell (White)
0:02:37 Thom White, Parks & Cemetery Superintendent
Mr. White gave a brief presentation regarding the completed repairs to the Bogert Band Shell
and showed before and after photographs.
0:04:47 H. Action Items
0:04:52 1. Compliance Review for Halfway (Recovery) House Conditional Use Permit
No. Z-08070 located at 119 South Church Avenue (Shelly Johnson, Director of Alcohol and
Drug Services of Gallatin Valley/Epple)
0:05:01 Mayor Jacobson opened the public hearing on this item.
0:05:10 Andy Epple, Planning Director
Mr. Epple gave the staff presentation regarding this item.
0:08:43 Shelly Johnson, Director of Alcohol and Drug Services of Gallatin Valley
Ms. Johnson briefly went over the eight conditions of the Conditional Use Permit and how they
have complied with those conditions. In addition she spoke about the experiences of the
residents.
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0:16:40 Public Comment
Mayor Jacobson closed public comment.
No person commented.
Mayor Jacobson closed public comment.
0:16:54 Motion to renew the Halfway (Recovery) House Conditional use permit and
certificate of appropriateness no. Z-08070 as conditionally approved by the City
Commission.
It was moved by Cr. Bryson, seconded by Cr. Rupp to renew the Halfway (Recovery)
House Conditional use permit and certificate of appropriateness no. Z-08070 as
conditionally approved by the City Commission.
0:17:36 Mr. Epple
Mr. Epple asked for clarification on the motion confirming that no further review would be
needed.
0:18:14 Cr. Bryson
Cr. Bryson confirmed Mr. Epple's clarification on the motion.
0:18:19 Vote on the motion to renew the Halfway (Recovery) House Conditional use permit
and certificate of appropriateness No. Z-08070 as conditionally approved by the City
Commission (with no further review required).
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:18:35 2. West Winds Major Subdivision Phases 4 & 5 Street Variance Breeze Lane
No. P-09005 (Epple)
0:18:44 Public Hearing Opened.
Mayor Jacobson opened the public hearing.
0:18:53 Andy Epple
Mr. Epple gave the staff presentation on this item.
0:28:54 Tim Cooper, Staff Attorney
Mr. Cooper added a recommendation to the conditions of approval not listed on the staff report.
This recommendation was that the sub-divider shall agree to defend any challenge to approval of
this variance and indemnify the City of Bozeman for all liability arising from the development of
Lot 1, Block 2 of West Winds Phase Four.
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0:30:53 John Dunlap, Applicant
Mr. Dunlap of 160 West Main Street, # 253, gave a presentation on behalf of the applicant,
Cascade Development.
0:36:29 Clint Litle, Applicant
Mr. Litle, an engineer with DOWL HKM presented information from the applicant regarding
this variance.
0:43:13 Public Comment
Mayor Jacobson opened public comment.
0:43:35 Ron Hastie, Public Comment
Mr. Hastie of 4724 Gold Ridge Lane, Olympia, WA presented his support on this variance
request.
0:44:57 Public Comment and Public Hearing Closed.
Seeing no further public comment, Mayor Jacobson closed public comment and the public
hearing on this item.
0:46:01 Mr. Epple
Mr. Epple presented rebuttal to some of the applicant’s claims.
1:12:43 Cr. Rupp
Cr. Rupp presented his findings regarding the granting of this variance.
1:13:27 Motion to approve the West Winds Major Subdivision Phases 4 & 5 Street
Variance-Breeze Lane No. P-09005 with the conditions listed in the Staff Report and the
condition submitted by Tim Cooper that the sub-divider shall agree to defend any
challenge to approval of this variance and indemnify the City of Bozeman for all liability
arising from the development of Lot 1, Bock 2 of West Winds Phase 4.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the West Winds Major
Subdivision Phases 4 & 5 Street Variance-Breeze Lane No. P-09005 with the conditions
listed in the Staff Report and the condition submitted by counsel Cooper that the sub-
divider shall agree to defend any challenge to approval of this variance and indemnify the
City of Bozeman for all liability arising from the development of Lot 1, Bock 2 of West
Winds Phase 4.
1:15:12 Amendment to the main motion to double the condition of approval #1 from 2
years to 4 years.
It was moved by Cr. Becker, seconded by Cr. Krauss to amend the main motion to double
the condition of approval #1 from 2 years to 4 years.
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1:15:39 Cr. Krauss
Cr. Krauss added to the findings regarding this variance and his expectations regarding the street
in question.
1:22:15 Aimee Kissel, Deputy City Clerk
Ms. Kissel read back the amendment to the main motion to double the staff recommendation
from two years to four years.
1:22:24 Cr. Becker
Cr. Becker clarified that the amendment referred to condition #1 of approval.
1:22:51 Vote on the amendment to the main motion to double the condition of approval #1
from 2 years to 4 years.
Those voting Aye being Crs. Becker, Krauss, Bryson, and Rupp.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
1:23:10 Ms. Kissel
Ms. Kissel read back the main motion to approve the West Winds Major Subdivision Phases 4 &
5 Street Variance-Breeze Lane No. P-09005 with the conditions listed in the Staff Report and the
condition submitted by Tim Cooper (that the sub-divider shall agree to defend any challenge to
approval of this variance and indemnify the City of Bozeman for all liability arising from the
development of Lot 1, Bock 2 of West Winds Phase 4) with the amendment to change staff
condition #1 from 2 to 4 years.
1:26:48 Vote on the main motion to approve the West Winds Major Subdivision Phases 4 &
5 Street Variance-Breeze Lane No. P-09005 with the conditions listed in the Staff Report
and the condition submitted by Tim Cooper that the sub-divider shall agree to defend any
challenge to approval of this variance and indemnify the City of Bozeman for all liability
arising from the development of Lot 1, Bock 2 of West Winds Phase 4 with the amendment
to change staff condition #1 from 2 to 4 years.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
1:27:26 3. Story Mansion Wedding Fee Changes and Approval of Resolution No. 4176,
Amended Fee Schedule for the Rental of the Story Mansion (Mayor Jacobson)
1:27:41 Mayor Jacobson
Ms. Jacobson began to explain why she wanted this item brought back before the commission.
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1:32:57 Cr. Rupp
Cr. Rupp called a point of order and asked whether we needed a motion to reconsider this item.
This began a discussion regarding rules of procedure.
1:33:24 Greg Sullivan, City Attorney
Mr. Sullivan responded to Cr. Rupp's point of order explaining that discussion on this issue prior
to a motion to reconsider is not against the rules of procedures, however before any action is
taken a motion needs to be made and adopted by the body.
1:36:21 Motion to reconsider.
It was moved by Cr. Bryson, seconded by Cr. Rupp to reconsider.
1:36:39 Public Comment
Mayor Jacobson opened public comment.
1:36:50 Cr. Krauss
Cr. Krauss called a point of order asking how public comment can be called when there is a
motion on the floor.
1:37:10 Mr. Sullivan
Mr. Sullivan asked if he could read through the rules of procedure to clarify this process.
1:37:32 Cr. Becker
Cr. Becker asked that we just move on with this item without hearing the rules of procedure.
1:37:46 Public Comment Opened
Mayor Jacobson opened public comment.
1:37:54 Dede Taylor, Public Comment
Ms. Taylor of 8 West Harrison Street, neighbor to the Story Mansion and Board of Directors of
the Friends of the Story Mansion spoke regarding the perception of the venue at the Mansion and
the balance regarding responsible use and affordability.
1:40:38 Public Comment and Public Hearing Closed.
Seeing no further public comment, Mayor Jacobson closed public comment and the public
hearing on this item.
1:47:51 Vote on the motion to reconsider.
Those voting Aye being Crs. Bryson, Becker and Mayor Jacobson.
Those voting No being Crs. Rupp and Krauss.
The motion passed 3-2.
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1:50:50 Public Comment Opened.
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:51:04 Motion to revert back to the April fee schedule as passed by this commission which
included the cutting of the fee schedule as established by one half for the first year of
operation.
It was moved by Cr. Bryson to revert back to the April fee schedule as passed by this
commission which included the cutting of the fee schedule as established by one half for the
first year of operation.
1:51:24 Cr. Becker
Cr. Becker asked for a point of clarification regarding the motion asking if the April fee schedule
did not specify that a wedding was an event. Weddings were not a line item on the schedule.
1:51:46 Cr. Bryson
Cr. Bryson confirmed Cr. Becker's statement saying that the April fee schedule stated, 'a fee
schedule for rental of the facility'.
1:51:51 Cr. Becker seconded Cr. Bryson's motion.
1:51:56 Cr. Krauss
Cr. Krauss brought up that another item was changed during the June 8, 2009 motion.
1:52:32 Mayor Jacobson
1:52:46 Cr. Bryson made a friendly amendment that establishes the rental rate at the
library at $15.
1:52:56 Cr. Becker accepted the friendly amendment.
1:54:44 Aimee Kissel, Deputy City Clerk
Ms. Kissel read back the motion to revert back to the April Fee schedule as passed by the
Commission including the half fee schedule (for the first year of operation) with the friendly
amendment establishing the library fee at $15.
1:56:17 Vote on the motion to revert back to the April fee schedule as passed by this
commission which included the cutting of the fee schedule as established by one half for the
first year of operation with the friendly amendment that establishes the rental rate at the
library at $15.
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Those voting Aye being Crs. Bryson, Becker and Mayor Jacobson.
Those voting No being Crs. Krauss and Rupp.
The motion passed 3-2.
1:58:12 Motion to approve Resolution No. 4176, amending the fee schedule for the rental of
the Story Mansion as amended.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve Resolution No. 4176,
amending the fee schedule for the rental of the Story Mansion as amended.
1:59:14 Motion to amend the main motion to say that rate structure is in place until
January 1, 2011.
It was moved by Cr. Rupp, seconded by Cr. Krauss to say that rate structure is in place
until January 1, 2011.
2:01:15 Vote on the amendment to the main motion to say the rate structure is in place
until January 1, 2011.
Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:08:22 Vote on the motion to approve Resolution No. 4176, amending the fee schedule for
the rental of the Story Mansion as amended with the amendment to the main motion to say
the rate structure is in place until January 1, 2011.
Those voting Aye being Crs. Bryson, Becker, and Mayor Jacobson.
Those voting No being Crs. Krauss and Rupp.
The motion passed 3-2.
2:08:38 Break
2:29:03 Meeting called back to order.
Mayor Jacobson called the meeting back to order after break.
2:29:16 4. Decision on Preliminary Proposed Scope of Work Related to Outside
Investigation of Various City Hiring Practices and Preliminary Selection of Investigator
(Final Decisions to be Made on July 20, 2009) (Sullivan)
2:30:08 Greg Sullivan, City Attorney
Mr. Sullivan stated that he presented supplemental information regarding one of the candidates.
He also informed the Commission that the draft scope he prepared in the memorandum was
based upon a previous motion by the Commission and they have the discretion to scale or
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manipulate that scope in any way they wish. He also asked that they consider who they would
like to work with at this time.
2:58:01 Chris Kukulski, City Manager
Mr. Kukulski said the staff committed to and all the department heads have been working on, a
detailed, comprehensive report about the hiring policies.
3:11:43 Public comment Opened
Mayor Jacobson opened public comment.
3:11:54 Marjorie Chase, Public Comment
Ms. Chase read a statement on behalf of Bob Chase who feels the investigation is not going far
enough and should be more exhaustive including looking into cronyism within the
administration.
3:16:32 Public comment and public hearing closed.
Seeing no further public comment, Mayor Jacobson closed public comment and the public
hearing on this item.
3:16:51 Move to adopt a preliminary scope of work related to the investigation we
authorized a few meetings ago focusing primarily as counsel Sullivan has recommended as
he stated that primarily #1 as the focus and scope of the work with items 6, 9 and 12 be
woven as sub-sets of that.
It was moved by Cr. Rupp, seconded by Cr. Becker to adopt a preliminary scope of work
related to the investigation we authorized a few meetings ago focusing primarily as counsel
Sullivan has recommended as he stated that primarily #1 as the focus and scope of the
work with items 6, 9 and 12 be woven as sub-sets of that.
3:23:58 Motion to amend the main motion to include in addition to the specific employees
associated with item 1 the contractor shall be available to any employee wishing to discuss
any of the above items through a secure e-mail account hosted by the City of Bozeman and
a secure City of Bozeman telephone number.
It was moved by Cr. Krauss, seconded by Cr. Bryson to include in addition to the specific
employees associated with item 1 the contractor shall be available to any employee wishing
to discuss any of the above items through a secure e-mail account hosted by the City of
Bozeman and a City of Bozeman telephone number.
3:25:18 Vote on the amendment to the main motion to include in addition to the specific
employees associated with item 1 the contractor shall be available to any employee wishing
to discuss any of the above items through a secure e-mail account hosted by the City of
Bozeman and a City of Bozeman telephone number.
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Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:26:32 Vote on the main motion to adopt a preliminary scope of work related to the
investigation we authorized a few meetings ago focusing primarily as counsel Sullivan has
recommended as he stated that primarily #1 as the focus and scope of the work with items
6, 9 and 12 be woven as sub-sets of that with an amendment to include in addition to the
specific employees associated with item 1 the contractor shall be available to any employee
wishing to discuss any of the above items through a secure e-mail account hosted by the
City of Bozeman and a secure City of Bozeman telephone number.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:32:56 Motion that we direct staff to come back to us within 4 weeks or 6 weeks a whistle
blower policy that addresses the employees rights to access the commission, the press and
also that it examines citizens rights and that we add elements to the employee code of
conduct that makes certain employees that take actions against citizen comments can be
part of that whistleblower policy with the end result that we have a formal whistleblower
policy at the City of Bozeman.
It was moved by Cr. Krauss, seconded by Cr. Bryson that we direct staff to come back to
us within 4 weeks or 6 weeks a whistle blower policy that addresses the employees rights to
access the commission, the press and also that it examines citizens rights to be free of
retribution and that we add elements to the employee code of conduct that makes certain
employees that take actions against citizen comments can be part of that whistleblower
policy with the end result that we have a formal whistleblower policy at the City of
Bozeman.
3:34:28 Cr. Bryson
Cr. Bryson clarified Cr. Krauss's intent in the motion stating that he wants something that
protects both current and future employees plus something that protects outside citizens when
they have interaction with the City of Bozeman to say what they think is not right in the City of
Bozeman.
3:36:08 Public Comment Opened
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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3:36:19 Vote on the motion that we direct staff to come back to us within 4 weeks or 6
weeks a whistle blower policy that addresses the employees rights to access the commission,
the press and also that it examines citizens rights to be free of retribution and that we add
elements to the employee code of conduct that makes certain employees that take actions
against citizen comments can be part of that whistleblower policy with the end result that
we have a formal whistleblower policy at the City of Bozeman.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:53:11 Motion and Vote to suspend the rules until 10:15 p.m.
It was moved by Cr. Bryson, seconded by Cr. Krauss to suspend the rules until 10:15 p.m.
Those voting Aye being Crs. Brsyon, Krauss, Rupp, Becker and Mayor Jacobson.
The motion passed 5-0.
3:53:31 Motion and Vote to continue this until next week and direct staff to bring back
initial pricing information.
It was moved by Cr. Bryson, seconded by Cr. Krauss to continue this until next week and
direct staff to bring back initial pricing information.
Those voting Aye being Crs. Bryson, Krauss, Rupp, and Becker.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
3:55:05 6. Re-appointment to the Northeast Urban Renewal Board (Kissel)
3:55:31 Public Comment Opened
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment and the public hearing on this item.
3:55:47 Motion and Vote to appoint Jeanne Wesley-Weise.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Jeanne Wesley-Weise.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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3:56:23 I. FYI/Discussion
3:56:28 1. Bozeman Historic Preservation Advisory Board Position Updates (Kissel)
3:56:29 Ms. Kissel, Deputy City Clerk
Ms. Kissel spoke regarding a mistake made to the memorandum for last week's board
appointments to the Bozeman Historic Preservation Board that resulted in a member being
appointed to the wrong representative designation position.
3:57:56 Mayor Jacobson
Mayor Jacobson suggested that the Historic Preservation Board be queried as to whether they
would like Ms. Davidson Klockman's designation changed back to historic district representative
and if so, that this item be brought back before the Commission during another meeting.
3:58:38 2. Discuss Proposed Start Time of 4 p.m. on Monday, July 20, 2009 for Budget
Discussions (Kukulski/Kissel)
3:58:39 Mr. Kukulski, City Manager
Mr. Kukulski reminded everyone that the first budget discussion on Enterprise and Special
Revenue funds is scheduled for 4 p.m. next Monday, July 20, 2009. The room location may
need to be changed if municipal courts have not finished in the City Commission room by 4 p.m.
3:59:30 Mr. Kukulski
Mr. Kukulski thanked Cr. Rupp for his comments regarding the Westwinds item tonight. Andy
Epple and his engineering staff as well as Mr. Kukulski were quite involved on this item and he
feels it was described very well by staff and a resolution was worked out to allow everything to
move forward.
4:00:03 Mayor Jacobson
Mayor Jacobson brought up an FYI regarding a letter from a Bozeman citizen who would like
the Commission to look at the Cities fireworks policy especially the noise generated by
fireworks. The Mayor asked the Commissioners if this was something they would like placed on
a future agenda to review.
4:01:14 The Commissioners shook their heads no regarding the fireworks query.
4:01:45 Chuck Winn, Assistant City Manager
Mr. Winn thanked Public Service Director, Debbie Arkell for coming to a resolution with Valley
View Golf Course on parking on Kagy Blvd for their special events.
4:02:17 Mr. Kukulski
Mr. Kukulski has been communicating with business owners along Willson about the water main
project in that area.
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4:03:21 J. Adjournment
Mayor Jacobson adjourned the meeting at 10:10 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
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