HomeMy WebLinkAbout08-10-09 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 10, 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, 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 Ave 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
Minutes of the Bozeman City Commission Meeting, August 10, 2009
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 Ave 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.
Minutes of the Bozeman City Commission Meeting, August 10, 2009
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.
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Minutes of the Bozeman City Commission Meeting, August 10,1009
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 Marv 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 Brad, 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 Bowman'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.
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Minutes of the Bozeman City Commission Meeting, August 10, 2009
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 atime-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 Ave 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.
Minutes of the Bozeman City Commission Meeting, August 10, 2009
1:54:13Mayor Jacobson
Mayor Jacobson asked City Clerk Stacy Ulmen to read back the amendment.
1:54:21 Ms. 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
le_ash_free park from 5 a.m. in the morning to 9 a.m. in the morning.
Those voting Ave 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 Ave 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 Ave 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.
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Minutes of the Bozeman City Commission Meeting, August 10, 2009
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 Ave 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.
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Minutes of the Bozeman City Commission Meeting, August 10, 2009
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 Ave 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 Cvndv 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 Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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Minutes of the Bozeman City Commission Meeting, August 10, 2009
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 Ave 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 Cvndv 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 Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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Minutes of the Bozeman City Commission Meeting, August 10, 2009
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 Ave 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 Ave 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 Ave 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 Ave 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 Ave being Crs. Krauss, Bryson, Rupp. Becker and Mayor Jacobson.
Those voting No being none.
Minutes of the Bozeman City Commission Meeting, August 10, 2009
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.
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Minutes of the Bozeman City Commission Meeting, August 10, 2009
PREPARED BY:
St cy Ul en, MC, City Clerk
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