HomeMy WebLinkAbout08-24-09 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 24, 2009
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, August 24, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Eric Bryson,
and 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.
* Please refer to the audio recording of this meeting for additional detail.
0:00:05 A. Call to Order - 6 p.m. -Commission Room, City Hall, 121 North Rouse
Deputy Mayor Krauss called the meeting to order at 6:02 p.m.
0:00:12 B. Pledge of Allegiance and a Moment of Silence
0:01:05 D. Authorize Absence of Mayor Jacobson and Cr. Becker
0:01:09 Motion and Vote to authorize the absence of Mayor Jacobson and Cr. Becker.
It was moved by Cr. Rupp, seconded by Cr. Bryson to authorize the absence of Mayor
Jacobson and Cr. Becker.
Those voting Ave being Crs. Rupp and Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:01:24 C. Changes to the Agenda
Deputy Mayor Krauss removed Consent Item F. 4. from the agenda to be considered at a later
date. Item No. 4 reads: 'Authorize the Mayor to sign a Letter agreeing to the 30-day extension
of the original Letter of Intent from Weston Solutions, Inc. for purchase of the former Bozeman
City Hall located at 411 East Main Street under all existing terms listed in the original signed
letter of intent signed on May 27, 2009 (Kukulski)'
0:01:36 E. Minutes -July 27, 2009
0:01:38 Motion and Vote to approve the Minutes of July 27, 2009.
Bozeman City Conimissio~i Minutes, August 24, 2009
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Minutes of July 27,
2009.
Those voting Aye being Crs. Bryson and Rupp and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:01:51 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the City Manager to sign the Greek Way Apartments Public Access
Easement (Murray)
3. Authorize the Mayor to sign the Findings of Fact and Order for the Preliminary
Plat of Laurel Glen Subdivision, Phase 3 & 4 No. P-07051 (Skelton)
5. Approve Resolution No. 4199, Intent to create Special Improvement Lighting
District No. 709/PT Land Phase 2 (Shannon)
6. Approve Resolution No. 4201, authorizing the City Manager to sign Change Order
No. 8 in the amount of $306.00 for Fire Station No. 3 (Goehrung)
7. Approve the College Street Trail Connection as proposed in the August 13, 2009
Wetland and Clean Water Act Jurisdictional and Trail Location Assessment
(White)
0:02:05 Public Comment
Deputy Mayor Krauss opened public comment regarding the consent items.
No person commented.
Deputy Mayor Krauss closed public comment.
0:02:17 Motion and Vote to approve Consent Items F. 1-3 and 5-7.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items F. 1-3 and 5-
7.
Those voting Ave being Crs. Rupp and Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:02:33 G. Public Comment
Deputy Mayor Krauss opened public comment.
0:03:04 Sahara Devy, Public Comme~zt
Ms. Devy of 606 North 5th spoke regarding the tooting of train whistles and feels they should be
banned because they disturb the peace. She also spoke regarding the indoor clean air act. She is
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Bozeman City Commission Minutes, August 24, 2009
in a HUD subsidized building with smoking allowed at the exits of the common area. She would
like a setback Ordinance for smoke free passage for people to get in and out of buildings.
0:06:00 Victor Hanson, Public Comment
Mr. Hanson of 1058 Harmon Way spoke in opposition of Cooper Park as an off leash dog park.
0:08:16 Officer Cody Anderson, Public Comment
Officer Cody Anderson with the Bozeman Police Department apologized for comments he made
on the Facebook social networking site recently.
0:10:31 Louis McCarl, Public Comment
Mr. McCarl of 1 OS East Cottonwood Street spoke in favor of making either North Grand Park or
Centennial Park leash free. He also mentioned having the hours expanded for leash free dogs at
Centennial Park or having the park always leash free.
0:13:16 Pattie Mullen, Public Comment
Ms. Mullen of 370 Morning Side Way with the Bozeman police department spoke positively
towards Officer Cody Anderson's character.
0:14:24 Public Comment Closed.
Seeing no further public comment, Deputy Mayor Krauss closed public comment.
0:14:39 H. Special Presentation -Gallatin City County Health Department Fiscal Year
2010 Budget (Stephanie Nelson, Health Officer-Gallatin City-County Health Department)
0:14:48 Stephanie Nelson, Health Officer for Gallatin County
Ms. Nelson gave a presentation regarding the Fiscal Year 2010 preliminary budget for the
Gallatin City -County Health Department. This presentation was her last official act as the
health officer for Gallatin County as she is retiring after 12 years in this position. In addition to
her presentation, Ms. Nelson submitted several documents that are also available on the Gallatin
County Health Department website. These documents are titled, 'Gallatin County Leading
Health Indicators and Priority Health Issues' and '2009 Bi-annual Report'.
0:18:24 Deputy Mayor Krauss
Deputy Mayor Krauss thanked Ms. Nelson for her thirty years of service to Gallatin County.
0:18:58 Cr. Bryson
Cr. Bryson also thanked Ms. Nelson for her outstanding service.
0:19:46 I. Action Items
0:19:49 1. Closure of Moss Bridge Road (Public Hearing) (Kerr)
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Bozemm7 City Commission Minutes, August 24, 2009
0:19:58 Debbie Arkell, Director of Public Service
Ms. Arkell gave the staff presentation on this item explaining that the Water Reclamation staff
have requested this closure because of concerns with conflicts of vehicles on this road.
0:24:55 Public Hearing and Public Comment Opened.
Deputy Mayor Krauss opened the public hearing and public comment on this item.
0:25:22 Jerry Cashman, Public Comment
Mr. Cashman an adjacent property owner of Moss Bridge Road brought a picture of the road
from 1927; the year the bridge was built. That is one of the last remaining sections of the Old
Yellowstone Trail which subsequently became US Highway 10 and now 205. Mr. Cashman
does not have an objection to closing the road because of the safety issue. Bogart Lane runs
through there and it may increase traffic there as well as at the intersection of Moss Bridge and
Spring Hill Roads.
0:27:33 Mr. Cashman
Responding to a question from Deputy Mayor Krauss, Mr. Cashman explained that he bought his
property from Patrick Hemmingway, who bought the property in 1974.
0:28:35 Deputy Mayor Krauss
Seeing no further public comment, Deputy Mayor Krauss closed public comment.
0:28:51 Motion and vote to direct staff to bring back a Resolution to close Moss Bridge
Road at Its Intersection with Secondary 205.
It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to brim back a
Resolution to close Moss Bridge Road at Its Intersection with Secondary 205.
Those voting Ave being Crs. Bryson and Rupp and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:29:17 2. Annual Work Plan and Budget for the North Seventh Urban Renewal Board
(NSURB) (Thorpe)
0:29:53 Michelle Wolfe, Chairperson for the North Seventh Avenue Urban Renewal Board
Ms. Wolfe gave the presentation for this item and provided a brief history of this District and
Board. Ms. Wolfe asked for Commission direction regarding some type of loan program/subsidy
program.
0:34:50 Keri Thorpe, Assistant Planner
Ms. Thorpe, staff liaison for the NSURB spoke regarding incentive programs for the blighted
areas on North Seventh Ave.
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Bozen~nn Ciry Commission Mimrtes, August 24, 2009
0:45:11 Cr. Rupp
Cr. Rupp asked whether NSURB has a plan to improve conductivity at the intersection of Oak
and 7th.
0:45:41 Ms. Thorpe
Ms. Thorpe explained that sidewalks are designed specifically for the Scrubby Site. She also
spoke to other design items that have been requested.
0:46:16 Cr. Rupp
Cr. Rupp mentioned the upcoming conversation on how to utilize recovery money and ideas to
use it for this area.
0:47:53 Cr. Bryson
Cr. Bryson asked questions regarding the commercial rehabilitation loan program.
0:48:45 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:49:00 Deputy Mayor Krauss
Deputy Mayor Krauss spoke towards interest in connecting the area at Oak and 7th, east side to
Main Street in a safe way with coherence of street lighting, sidewalks and streetscape.
0:51:08 Cr. Bryson
Cr. Bryson would like to see a grant program option weighed as opposed to a buying down of
points in a commercial lending program. He would also be interested in looking at the use of
stimulus dollars for this area.
0:51:52 Deputy Mayor Krauss
Deputy Mayor Krauss said this TIF does allow private interment of funds to even the playing
field between North 7th and other areas.
0:52:45 Motion and Vote to approve the annual work plan and budget for the North
Seventh Urban Renewal Board.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve the annual work plan and
budget for the North Seventh Urban Renewal Board.
Those voting Ave being Crs. Rupp and Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
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Bozeman Ciry Commission Minutes, August 24, 2009
0:53:11 3. Final Adoption of Ordinance No. 1764, Revision to the Bozeman Municipal
Code (BMC) Chapter 6.04, Animal Control (Public Hearing) (McLane)
0:53:23 Rich McLane, Bozeman Police Department
Lieutenant McLane gave a presentation on this item.
0:56:08 Officer McLane
Lieutenant McLane responded to a question from Cr. Bryson saying that yes, regardless of the
decision tonight, the police force and animal control officers are making a concerted effort to
enforce leash law compliance.
0:56:24 Cr. Bryson
Cr. Bryson clarified with Lieutenant McLane that more so than in the past, the City is making it a
priority to make sure that dogs are under control in whatever park they are recreating in.
0:56:40 Brit Fontenot, Neighborhood Coordinator
Mr. Fontenot gave a brief report on a neighborhood meeting held at the Story Mansion regarding
designation of Cooper Park as a leash free park. They spoke about impacts leash free
designation would have on Cooper Park. The majority reacted positively to the decision by the
Commissioners to designate the park leash free and a commitment by the residents to be pro-
active in regulating the park.
0:58:31 Public Comment Opened.
Deputy Mayor Krauss opened public comment.
0:58:52 Gonnie Siebel, Public Comment
Ms. Siebel of 609 North Montana spoke in favor of having Cooper Park leash free.
1:00:29 Kate Mulligan, Public Comment
Ms. Mulligan of 2108 Fairway Drive would like to see Sourdough Trail between Fairway Drive
and Graff leash free.
1:01:29 Marv Ellen Wolfe, Public Comment
Ms. Wolfe of 420 West Curtiss spoke in favor of the proposed Ordinance and specifically
dealing with Cooper Park. She also thanked Mr. Fontenot for having a neighborhood meeting on
this issue. This group drafted a code of ethics regarding dog activities in Cooper Park that they
would like to post within the park.
1:03:15 Reuben Travis, Public Comment
Mr. Travis of 821 South Tracy Ave. spoke in favor of designating Cooper Park leash free.
1:04:16 Martin Hamilton. Public Comment
Mr. Hamilton of 309 South 6th has been in the neighborhood for 40 years and he spoke
regarding the history of this park. He also spoke regarding the conveyance for this area and does
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Bozernan Crry Commission Minutes, August 24, 2009
not think it would be legal to place a fence around the park. He worries about people being
injured on the sidewalk and possible liability issues.
1:08:08 Doctor Colette Kirchhoff, Public Comment
Ms. Kirchhoff of 516 South 6th spoke in favor of having Cooper Park leash free.
1:10:03 James Madden, Public Comment
Mr. Madden of 306 South 7th Ave. spoke regarding the usage declining once enforcement of the
leash law was increased. He would support Cooper Park as a leash free park.
l :l 1:31 Gordon Hamilton. Public Comment
Mr. Hamilton of 309 South 6th Ave. spoke regarding the other uses of Cooper Park and the park
as a unique and remarkable area and he is not in favor of Cooper Park as a leash free area. He
does not feel this park can be a multi-use area and still be leash free.
1:14:40 Simon Wheeler. Public Comment
Mr. Wheeler of 222 South 7th spoke in favor of having Cooper Park leash free.
1:16:27 Steve Kirchhoff, Public Comment
Mr. Kirchhoff of 516 South 6th spoke in favor of Cooper Park as a leash free park and spoke to
other activities happening within the park.
1:18:23 Susan Dabney, Public Comment
Ms. Dabney of 522 South 6th spoke in favor of having Cooper Park designated leash free.
1:21:24 Dr. Tim Christiansen, Public Comment
Mr. Christiansen of 320 South 5th spoke in favor of leash free designation at Cooper Park and
feels it creates a community spirit within the neighborhood.
1:22:53 Scott Brennan, Public Comment
Mr. Brennan of 320 South 6th spoke regarding the sense of community that Cooper Park has and
is in favor of off leash access at Cooper Park. He also submitted a petition signed by about 250
neighborhood members in favor of leash free status.
1:25:09 Todd, Public Comment
Todd supports leash free status in Cooper Park.
1:26:18 Public comment Closed.
Seeing no further public comment, Deputy Mayor Krauss closed public comment.
1:26:39 Cr. Rupp
Cr. Rupp began a discussion about this item and the public comment received.
1:30:50 Deputy Mayor Krauss
Deputy Mayor Krauss encouraged the neighborhood to work with the Parks Department for a
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Bozemma City Commission Minutes. August 24, 2009
location for the neighborhood ideas to provide another dog station and adopt a Cooper Park Code
of Ethics.
1:31:46 Motion to finally Adopt Ordinance No. 1764, Revision to the Bozeman Municipal
Code Chapter 6.04, Animal Control, including Commission amendments and conditions.
It was moved by Cr. Bryson, seconded by Cr. Rupp to finally Adopt Ordinance No. 1764,
Revision to the Bozeman Municipal Code Chapter 6.04, Animal Control, including
Commission amendments and conditions.
1:32:03 Greg Sullivan
Mr. Sullivan confirmed with Cr. Bryson that the definition of leash was included in the motion.
1:33:00 Vote on the motion, to finally Adopt Ordinance No. 1764, Revision to the Bozeman
Municipal Code Chapter 6.04, Animal Control, including Commission amendments and
conditions.
Those voting Ave being Crs. Bryson and Rupp, and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
1:33:19 Rich McLane
Lieutenant McLane reminded the public that this Ordinance will not take affect for another 30
days.
1:34:01 Break
1:34:13 Meeting called back to order.
Deputy Mayor Krauss called the meeting back to order at 7:49 p.m.
1:34:17 4. Provisional Adoption of Ordinance No. 1771, Increase of Fine Amount for
Parking Citation for 48 hour/5 day Parking Violations, and for other Violations of Title 32
(Public Hearing) (Burns)
1:34:33 Paul Burns, Parking Manager
Mr. Burns gave the presentation on this item on behalf of the Parking Commission.
1:41:43 Public Comment
Deputy Mayor Krauss opened public comment.
1:42:15 David Loseff, Public Comment
Mr. Loseff with the Baxter at 105 West Main is opposed to increasing citations for parking
violations and. feels it is a barrier to going downtown. He also feels there is an issue with the
downtown parking officer being overzealous and unyielding.
Bozemni~ City Commission Minutes. August 24, 2009
1:45:37 Public Comment Closed.
Seeing no further public comment, Deputy Mayor Krauss closed public comment.
1:45:53 Deputy Mayor Krauss
Deputy Mayor Krauss said that this item needs 3 of 3 present Commissioners to pass or fail and
he plans on voting against it. He explained his reasoning for this decision.
1:50:20 Motion to continue with this item until the rest of the Commission is here with
input from the Downtown Business Association.
It was moved by Cr. Bryson to continue with this item until the rest of the Commission is
here with input from the Downtown Business Association. (Motion died for lack of second.)
52:22 Motion and Vote to open and continue the discussion related to parking violations
and other violations to September 14, 2009.
It was moved by Cr. Rupp, seconded by Cr. Bryson to open and continue the discussion
related to parking violations and other violations to September 14, 2009.
Those voting Ave being Crs. Rupp and Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
1:52:58 5. Update on Timeline and Process for the Staff to Present Information on
Existing Protections for Employees and the Public Alleging City Employees and/or
Officials Are Violating Public Policy, and Preliminary Discussion on Possible
"Whistleblower/Anti-Retaliation" Policies (Sullivan/Kukulski)
1:53:15 Greg Sullivan, City Attorney
Mr. Sullivan said that staff did not have enough time to finish this item, but it will come before
the Commission again on this next Monday night.
1:53:38 Cr. Rupp
Cr. Rupp began a discussion on this item.
1:56:17 J. FYI/Discussion
1:56:20 1. Reminder of City Commission Meeting on Monday, August 31, 2009
(Kukulski/Kissel)
1:56:45 2. Policy Meetings/Reminder of Policy Meeting on September 3, 2009
(Kukulski)
1:56:47 Mr. Kukulski
The Sustainability issue was scheduled for a policy discussion on September 3rd and that group
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Bozeman City Commission Minutes, Az~gust 24, 2009
has since requested that meeting be postponed. Mr. Kukulski explained what they have been
working on. Mr. Kukulski then asked the Commission if they would like to cancel the policy
meetings indefinitely since they have often been cancelled.
1:58:01 Cr. Bryson
Cr. Bryson would like the policy meetings to remain with cancellations happening on a case by
case basis, explaining that the meeting framework works well for items that need to be discussed.
1:58:30 Deputy Mayor Krauss
Deputy Mayor Krauss agreed with Cr. Bryson and re-iterated that policy meetings are for staff
and the Commission to sit down and discuss similar to the way a private business would.
1:59:40 Deputy Mayor Krauss
Deputy Mayor Krauss confirmed with Debbie Arkell, Public Works Director that the 19th
Avenue construction project is still on time.
2:00:00 Brit Fontenot, Neighborhoods Coordinator
Mr. Fontenot announced that the North Wallace and Davis street painting has been rescheduled
to this Saturday.
2:00:19 Mr. Kukulski
Mr. Kukulski spoke regarding the retirement of Deputy Chief Mark Lachapelle after nineteen
years of outstanding service exemplifying quality law enforcement in this community.
2:02:16 Cr. Rupp
Cr. Rupp pointed out that FYI is the time when Commissioners can respond to public comment.
Cr. Rupp then spoke regarding the public comment given by city staff today and began a
discussion on this particular public comment and city staff providing public comment in general.
2:06:49 K. Adjournment
Deputy Mayor Krauss adjourned the meeting at 8:23 p.m.
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