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HomeMy WebLinkAboutAugust 10, 2009 Minutes LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 10, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, August 10, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. 0:03:27 A. Call to Order – 6 p.m. – City Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the Meeting to Order at 6:01 p.m. 0:03:35 B. Pledge of Allegiance and a Moment of Silence Mayor Jacobson stated that the Moment of Silence is in recognition of former Police Chief Bob Johnson. 0:04:37 C. Changes to the Agenda Mayor Jacobson asked Assistant City Manager Chuck Winn if there were any changes to the Agenda. 0:04:42 Chuck Winn, Assistant City Manager Mr. Winn stated that there were no changes to the agenda. 0:04:45 D. Minutes – July 6, 2009 0:04:51 Motion and Vote to approve the minutes from July 6, 2009. It was moved by Cr. Becker, seconded by Cr. Krauss to approve the minutes from July 6, 2009. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:05:03 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Release and Reconveyance of previously recorded Easements and new Public Access, Public Park and Sewer and Water 27 Minutes of the Bozeman City Commission Meeting, August 10, 2009 2 Pipeline and Access Easements for Haggerty Lane Cottages (Cottages Partners I LP) (Johnson) 3. Approve the Final Plat for LeClair Minor Subdivision and authorize the Director of Public Service to execute the same on behalf of the City of Bozeman (Cooper) 4. Appoint Mayor Jacobson and Commissioner Becker to review the depository bonds and pledged securities as of June 30, 2009 (Clark) 0:05:07 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:05:17 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. 0:05:31 F. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:05:58 G. Action Items 0:06:00 1. Provisional Adoption of Ordinance No. 1764, Revisions to Chapter 6.04, Animal Control of the Bozeman Municipal Code (Public Hearing) (McLane) 0:06:39 Rich McLane, Police Lieutenant Lt. McLane presented the staff presentation regarding the Provisional Adoption of Ordinance No. 1764, Revisions to Chapter 6.04, Animal Control of the Bozeman Municipal Code. He spoke regarding increased enforcement. The calls are increasing for animal issues. He spoke regarding off-leash and dog free parks, municipal infractions and civil penalties. 0:30:16 Cr. Krauss Cr. Krauss spoke regarding Cooper and Centennial Park and the possibility of those becoming leash free parks. 0:31:27 Lt. McLane Lt. McLane stated that staff did not recommend the parks as off-leash parks. Enforcement is an issue when you have an "on-off switch" regarding setting times for off-leash use. 0:33:43 Ron Dingman, Director of Parks Mr. Dingman stated that the issue regarding the off leash parks is that there is not any fencing. 28 Minutes of the Bozeman City Commission Meeting, August 10, 2009 3 0:35:14 Cr. Bryson Cr. Bryson spoke regarding the fines. 0:37:00 Cr. Bryson Cr. Bryson spoke regarding the implementation of the current ordinances. 0:37:12 Lt. McLane Lt. McLane spoke regarding the progress of implementation. 0:39:06 Lt. McLane Lt. McLane spoke regarding patrol in neighborhoods. 0:39:52 Cr. Rupp Cr. Rupp spoke regarding the civil and criminal citations. 0:41:58 Cr. Becker Cr. Becker spoke regarding the times the parks are closed. 0:43:27 Cr. Becker Cr. Becker spoke regarding voice command. 0:44:01 Lt. McLane Lt. McLane spoke regarding voice command programs. 0:48:30 Lt. McLane Lt. McLane spoke regarding cruelty of animals. 0:50:49 Mayor Jacobson Mayor Jacobson asked if there was any dog bite data. 0:50:55 Lt. McLane Lt. McLane stated approximately 15-20 dog bites were reported. 0:51:17 Public Comment Mayor Jacobson opened public comment. 0:51:29 Scott Brennan, Public Comment Mr. Brennan of 320 South 6th stated that there are not many off leash options in the City. He suggested that the Commission set up a time-share at Cooper Park for limited times for off leash use for 6 months and then re-visit it to see if it is workable. 0:54:14 David Cook, Public Comment Mr. Cook of 701 South 7th stated that a group meets at Cooper Park. It is a vital hub of the area. People meet and talk there. People are taking care of their dogs. There are people who are policing Cooper Park themselves. These are responsible people. 0:58:08 Claire McGentee, Public Comment Ms. McGentee of 316 South Black stated that the park is not only community for people but also for the dogs. 29 Minutes of the Bozeman City Commission Meeting, August 10, 2009 4 0:59:09 Charles Rinker, Public Comment Mr. Rinker of 616 West Story stated that he has lived near Cooper Park for 32 years. He asked that the Commission approve making Cooper Park a leash free park. 1:02:00 Alex Zukowski, Public Comment Mr. Zukowski of 316 South 6th stated that he purchased his home because of Cooper Park. There have been responsible dog owners using the parks. There is not any play ground equipment at the park. 1:04:03 Mary Ellen Wolf, Public Comment Ms. Wolf of 420 West Curtis stated that Cooper Park has been a special place in the community. She spoke regarding signage and urged the Commission to create a trial run for a leash free park at Cooper Park. 1:07:10 Michael Reidy, Public Comment Mr. Reidy of 221 South 10th stated that the park has always been a meeting place. He received 2 tickets in the park. 1:09:46 Martha Eng, Public Comment Ms. Eng of 2310 Highland Court stated that she agrees that Cooper Park should be leash free but stated that Graff Park should be leash free also. 1:12:00 Amy Mcnamara, Public Comment Ms. Mcnamara of 419 South 9th stated that she supports off leash areas including Cooper Park. 1:14:50 Kendra Brag, Public Comment Ms. Brag of 219 South 5th stated she moved here from Virginia and didn't like dogs, she now loves dogs because of Bozeman's influence. Cooper Park is a place that helps dog owners become better dog owners. 1:16:25 Barb Berger, Public Comment Ms. Berger of 422 West Story stated that Cooper Park has been a big part of the neighborhood. It has been a loss to the neighborhood. She agrees with all of the statements made. 1:19:05 Del Vandiver, Public Comment Mr. Vandiver of 1020 West Story stated that Cooper Park is a social place. 1:20:41 Public Comment closed. Mayor Jacobson closed public comment. 1:30:36 Cr. Becker Cr. Becker spoke regarding making Cooper Park a leash free park. 1:31:54 Mayor Jacobson Mayor Jacobson agrees with a 1 year trial time-share. Mayor Jacobson stated that the reason for the increased enforcement at the park lately was Commission driven. She is troubled that people have taken their dogs to the park for over 20 years are no longer going to the park. She is interested in opening up Centennial Park as well. 30 Minutes of the Bozeman City Commission Meeting, August 10, 2009 5 1:35:38 Cr. Krauss Cr. Krauss stated that he agrees that Cooper Park should be added as a leash free park and Centennial Park should have a time-share. 1:37:21 Motion to provisionally adopt Ordinance No. 1764, revisions to Chapter 6.04, Animal Control of the Bozeman Municipal Code with the additional provision that Cooper Park be designated as a Leash Free Park. It was moved by Cr. Bryson, seconded by Cr. Rupp to provisionally adopt Ordinance No. 1764, revisions to Chapter 6.04, Animal Control of the Bozeman Municipal Code with the additional provision that Cooper Park be designated as a Leash Free Park. 1:39:25 Amendment to the Main Motion to include a provision that allows for leash free designated times in all parks that do not contain play ground equipment with times defined as 6-9 a.m. and 6- 9 p.m. Cr. Bryson proposed an Amendment to the Main Motion to include a provision that allows for leash free designated times in all parks that do not contain play ground equipment with times defined as 6-9 a.m. and 6-9 p.m. 1:39:55 Mayor Jacobson Mayor Jacobson asked the Commission if they wanted to re-open the public hearing. 1:40:16 Motion and Vote to re-open the hearing. It was moved by Cr. Krauss, seconded by Cr. Becker to re-open the hearing. Those voting Aye being Crs. Krauss, Becker, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 1:41:01 Mr. Cook Mr. Cook suggested that the time should be 4:30-7:30 p.m. 1:42:11 Public Hearing Closed. Mayor Jacobson closed the public hearing. 1:45:11 Amendment to the Motion died due to a lack of a second. 1:46:23 Cr. Krauss Cr. Krauss spoke regarding afternoon times in the parks. 1:50:41 Lt. McLane Lt. McLane spoke about enforcement of regulations. 1:52:41 Tom White, Superintendent of Parks and Cemetery Mr. White spoke regarding spreading out leash free parks. 31 Minutes of the Bozeman City Commission Meeting, August 10, 2009 6 1:54:13Mayor Jacobson Mayor Jacobson asked City Clerk Stacy Ulmen to read back the amendment. 1:54:21Ms. Ulmen Ms. Ulmen read back the amendment. 1:54:51 Cr. Becker Cr. Becker spoke regarding Centennial Park. 2:01:31 Amendment to the Main Motion and Vote to add Centennial Park as being a leash free park from 5 a.m. in the morning to 9 a.m. in the morning. It was moved by Cr. Rupp, seconded by Cr. Krauss to add Centennial Park as being a leash free park from 5 a.m. in the morning to 9 a.m. in the morning. Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:02:03 City Attorney, Greg Sullivan Mr. Sullivan spoke regarding behavior in leash free parks. 2:03:12 Vote on the Main Motion as Amended to provisionally adopt Ordinance No. 1764, revisions to Chapter 6.04, Animal Control of the Bozeman Municipal Code with the additional provision that Cooper Park be designated as a Leash Free Park and to add Centennial Park as being leash free park from 5 a.m. in the morning to 9 a.m. in the morning. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:03:24 Motion and Vote to direct staff to return to the Commission for the second reading of Ordinance No. 1764 on August 24, 2009. It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to return to the Commission for the second reading of Ordinance No. 1764 on August 24, 2009. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:04:09 Break 2:15:32 Meeting called back to order. Mayor Jacobson called the meeting back to order. 32 Minutes of the Bozeman City Commission Meeting, August 10, 2009 7 2:15:37 2. Request to Open and Continue the Public Hearing regarding Provisional Adoption of Ordinance No. 1768, change to Montana State University Residential Parking District as defined by Title 10.32.395 (Burns) 2:16:15 Motion to open and continue the public hearing regarding provisional adoption of Ordinance No. 1768, change to Montana State University Residential Parking District Boundaries as defined by Title 10.32.395. It was moved by Cr. Rupp, seconded by Cr. Becker to open and continue the public hearing regarding provisional adoption of Ordinance No. 1768, change to Montana State University Residential Parking District Boundaries as defined by Title 10.32.395. 2:16:46 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:17:01 Vote on the Motion to open and continue the public hearing regarding provisional adoption of Ordinance No. 1768, change to Montana State University Residential Parking District Boundaries as defined by Title 10.32.395. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:17:58 3. Resolution No. 4183, Special Assessment for Fiscal Year 2010 Street Maintenance District, Establishing a 2% Increase (Shannon) 2:18:12 Chuck Winn, Assistant City Manager Mr. Winn gave the staff presentation regarding Resolution No. 4183, Special Assessment for Fiscal Year 2010 Street Maintenance District, Establishing a 2% Increase. 2:19:02 Debbie Arkell, Public Works Director Ms. Arkell spoke regarding what the 2% will be used for. 2:19:54 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:20:16 Motion to approve Resolution No. 4183, Special Assessment for Fiscal Year 2010 Street Maintenance District, Establishing a 2% Increase. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Resolution No. 4183, Special Assessment for Fiscal Year 2010 Street Maintenance District, Establishing a 2% Increase. 33 Minutes of the Bozeman City Commission Meeting, August 10, 2009 8 2:20:44 Cr. Krauss Cr. Krauss spoke regarding curbs. We need to address the corners that are not accessible. He would like to see the staff come back with a plan on this. 2:22:44 Ms. Arkell Ms. Arkell spoke regarding ADA Ramps. 2:23:50 Vote on the Motion to approve Resolution No. 4183, Special Assessment for Fiscal Year 2010 Street Maintenance District, Establishing a 2% Increase. Those voting Aye being Crs. Bryson, Rupp. Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:24:04 4. Finally Adopt Ordinance No. 1765, An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement District (Sullivan) 2:24:19 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation regarding finally adopting Ordinance No. 1765, An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement District. He went over the amendments that were made after the provisional adoption of the Ordinance. 2:28:03 Public Comment Mayor Jacobson opened public comment. 2:28:08 Cyndy Andrus, Bozeman Chamber Ms. Andrus spoke regarding the 7-12-1102, Purpose (Montana Code Annotated). 2:29:27 Motion to finally adopt Ordinance No. 1765, An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement District with the language that is already in the Ordinance. It was moved by Cr. Krauss, seconded by Cr. Bryson to finally adopt Ordinance No. 1765, An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement District with the language that is already in the Ordinance. 2:30:18 Vote on the Motion to finally adopt Ordinance No. 1765, An Ordinance of the City Commission of the City of Bozeman, Montana, Creating a Tourism Business Improvement District with the language that is already in the Ordinance. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 34 Minutes of the Bozeman City Commission Meeting, August 10, 2009 9 2:30:41 5. Appointments to the Bozeman Tourism Business Improvement District (BTBID) Board of Trustees (Kissel) 2:31:09 Motion and Vote to appoint Steve Sparks and Lynn Bendz to 4 year terms. It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Steve Sparks and Lynn Bendz to 4 year terms. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:32:03 Motion and Vote to appoint Tim Kuhlman as the 3 year term designee. It was moved by Cr. Bryson, seconded by Cr. Rupp to appoint Tim Kuhlman as the 3 year term designee. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:32:22 Motion and Vote to appoint Mark Jones and Carl Solvie for 2 year terms. It was moved by Cr. Becker, seconded by Cr. Bryson to appoint Mark Jones and Carl Solvie for 2 year terms. Those voting Aye being Crs. Becker, Bryson, Rupp, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:32:38 Motion and Vote to appoint Thomas Stenzel to a one year appointment. It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Thomas Stenzel to a one year appointment. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:33:24 Motion and Vote to delegate the appointment of a presiding officer to the board. It was moved by Cr. Krauss, seconded by Cr. Bryson to delegate the appointment of a presiding officer to the board. Those voting Aye being Crs. Krauss, Bryson, Rupp. Becker and Mayor Jacobson. Those voting No being none. 35 Minutes of the Bozeman City Commission Meeting, August 10, 2009 10 The motion passed 5-0. 2:34:17 H. FYI/Discussion 2:34:21 1. Budget Presentation Schedule Ms. Ulmen stated that the next Budget Presentation will be taking place at the next City Commission meeting at 4 p.m. It was discussed to begin the meeting at 5 p.m. instead. 2:36:47 2. Street Smart Bozeman Mr. Fontenot stated that this Saturday will be the Street SmART Project. 2:37:23 3. Ads in the Newspaper Cr. Krauss asked if the Commission wants to discuss the display maps and Public Hearing Notices in the paper. There was a public comment received on this. Are we pushing this to the Neighborhoods? Mr. Fontenot stated yes. Discussion took place regarding notifications via email such as the "Sign Up" for RFPs-Bids. 2:46:00 4. Status of Drinking Fountain at Soroptomist Park Mr. Winn stated that he will get an answer tomorrow for the Commission regarding the Drinking Fountain at Soroptomist Park. 2:46:56 5. Whistle Blower Discussion took place regarding the Whistle Blower Policy. 2:50:38 6. Bozeman Film Festival Mayor Jacobson reminded the Commission of the first movie put on by the Bozeman Film Festival this Friday. 2:51:46 I. Adjournment Mayor Jacobson adjourned the meeting at 8:47 p.m. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk 36 Minutes of the Bozeman City Commission Meeting, August 10, 2009 11 PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 37