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HomeMy WebLinkAboutAugust 24, 2009 Minutes LINKED 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 Aye 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. 31 Bozeman City Commission Minutes, August 24, 2009 2 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 Aye 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 Comment 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 32 Bozeman City Commission Minutes, August 24, 2009 3 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 105 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) 33 Bozeman City Commission Minutes, August 24, 2009 4 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 bring back a Resolution to close Moss Bridge Road at Its Intersection with Secondary 205. Those voting Aye 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. 34 Bozeman City Commission Minutes, August 24, 2009 5 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 Aye being Crs. Rupp and Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 35 Bozeman City Commission Minutes, August 24, 2009 6 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 Mary 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 36 Bozeman City Commission Minutes, August 24, 2009 7 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. 1:11:31 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 37 Bozeman City Commission Minutes, August 24, 2009 8 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 Aye 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. 38 Bozeman City Commission Minutes, August 24, 2009 9 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.) 1:52:22 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 Aye 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 39 Bozeman City Commission Minutes, August 24, 2009 10 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. ____________________________________ Jeff Krauss, Deputy Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 40