Loading...
HomeMy WebLinkAboutNovember 2, 2009 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 2, 2009 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, November 2, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. *Please refer to the audio recording of this meeting for additional details. 0:17:02 A. Call to Order 6 p.m. Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the Meeting to order at 6:07 p.m. 0:17:06 B. Pledge of Allegiance and a Moment of Silence 0:17:39 C. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:17:44 Chris Kukulski, City Manager Mr. Kukulski stated that there has been a request to move Consent Item F. 5: Approve the City of Bozeman Financial Disclosure Statement Form to Action Item 2 following the update on the Board of Ethics Progress. 0:18:55 D. Public Service Announcements 0:19:01 1. Election Information (Charlotte Mills, Clerk Recorder/Election Administrator) Charlotte Mills, Clerk Recorder and Election Administrator gave a public service announcement regarding the upcoming election. 0:20:35 2. Notice of City Office Closures due to Holidays in November (Ulmen) City Clerk Stacy Ulmen gave a Public Service Announcement regarding City Office Closures due to Holidays in November. 8 Linked Minutes of the Bozeman City Commission, November 2, 2009 0:22:07 E. Minutes September 28, 2009 0:22:13 Motion and Vote to adopt the minutes from September 28, 2009. It was moved by Cr. Rupp, seconded by Cr. Becker to adopt the minutes from September 28, 2009. Those votin2 Ave bein2 Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those votin2 No bein2 none. The motion passed 5 -0. 0:22:31 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Snow Removal Contract for Bridger Park Downtown (Burns) 3. Authorize City Manager to sign a Snow Removal Contract for City Owned Surface Parking Lots (Burns) 4. Appoint Cr. Rupp and Cr. Bryson to review the Depository Bonds and Pledged Securities as of September 30, 2009 (Clark) 5. Approve the City of Bozeman Financial Disclosure Statement Form (Rosenberry /Sullivan) 6. Finally Adopt Ordinance No. 1770, Immobilization of Vehicles (Boot Ordinance) (McLane) 0:22:39 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:22:49 Motion and Vote to approve Consent Items 1, 3, 4 and 6. It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items 1, 3, 4 and 6. Those votin2 Ave bein2 Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those votin2 No bein2 none. The motion passed 5 -0. 0:23:31 Motion to approve Consent Item 2. (Authorize City Manager to sign a Snow Removal Contract for Bridger Park Downtown (Burns) It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent item 2. (Authorize City Manager to sign a Snow Removal Contract for Bridger Park Downtown (Burns) 2 9 Linked Minutes of the Bozeman City Commission, November 2, 2009 0:23:44 Cr. Rupp Cr. Rupp recused himself from the vote due to a potential conflict of interest with Consent Item. 2. 0:23:50 Vote on the Motion to approve Consent Item 2.. (Authorize City Manager to sign a Snow Removal Contract for Bridger Park Downtown (Burns) Those voting Ave being Crs. Becker, Krauss, Bryson and Mayor Jacobson. Those voting No bein2 none. Those abstaining bein2 Cr. Rupp. The motion passed 4 -0. 0:23:57 G. Public Comment Mayor Jacobson opened public comment. 0:24:29 Brian Leland, Public Comment Mr. Leland of 528 North Bozeman stated his frustration of not receiving information that he requested 3 weeks ago. This is regarding the Martel Contracts and the alleged "ghost salary" paid to a mistress. 0:25:50 Public comment Closed Mayor Jacobson closed public comment. 0:25:58 H. Action Items 0:26:02 1. Board of Ethics Progress Update (Melissa Frost (Chair), Stephen Schultz and Rodger McCormick, Board of Ethics Members) 0:26:20 Melissa Frost, Chair of the Ethics Board Ms. Frost updated the Commission regarding the Board of Ethics progress. The Board has met 5 times since July 22nd. She highlighted the purpose of the Board. The Board has reviewed the Ethics Ordinance, the Charter and the State Ethics Laws, they are learning about Staff support, have reviewed the Financial Disclosure Form, met with Paul Lachapelle from the Local Government Center to discuss assisting with developing an Employee Ethics Handbook, they are currently reviewing the Retaliation and Whistle Blower Policy and have met with the IT Director regarding best communication practices. 0:30:50 Cr. Rupp Cr. Rupp asked if workshops will be set up. 3 10 Linked Minutes of the Bozeman City Commission, November 2, 2009 0:31:05 Ms. Frost Ms. Frost stated that the Board will be instrumental in planning workshops. 0:31:24 Mayor Jacobson Mayor Jacobson thanked the board for their work and service. 0:31:39 Consent Item 5. Approve the City of Bozeman Financial Disclosure Statement Form (Rosenberry /Sullivan) 0:31:54 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Consent Item 5. Bozeman Financial Disclosure Statement Form. The City Charter requires that Public Officials make public discloser of their finances. This form will be held in the City Clerk's Office as a matter of public record. 0:34:22 Mayor Jacobson Mayor Jacobson spoke regarding adding people who are on the Planning and Zoning Board. 0:35:01 Ms. Rosenberry Ms. Rosenberry spoke regarding the regulatory elements of the Planning and Zoning Boards. The Commission could add them if they wish. 0:35:37 Cr. Krauss Cr. Krauss stated that he filled out the form. 0:36:56 Cr. Rupp Cr. Rupp spoke regarding the January deadline date. 0:37:35 Cr. Becker Cr. Becker spoke regarding the boards with financial decision making authority. 0:38:56 Cr. Becker Cr. Becker asked if the disclosures were confidential. 0:39:02 Ms. Rosenberry Ms. Rosenberry stated that they are a matter of public record. 0:39:05 Cr. Becker Cr. Becker spoke regarding the Revolving Block Grant Boards. 0:39:28 Cr. Krauss Cr. Krauss spoke regarding the Board of Adjustment. This Board should be added because they make decisions similar to the Commission. They are a quasi judicial decision making board. 4 11 Linked Minutes of the Bozeman City Commission, November 2, 2009 0:42:21 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:42:45 Motion to approve the City of Bozeman Financial Disclosure Statement Form and that we include the Board of Adjustment because they are quasi judicial decision making. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the City of Bozeman Financial Disclosure Statement Form and that we include the Board of Adjustment because they are quasi judicial decision making. 0:43:22 Cr. Bryson Cr. Bryson spoke regarding general disclosures and boards with quasi judicial roles. 0:44:12 Cr. Rupp Cr. Rupp thanked the Board for their work on the form. 0:44:25 Amendment to the Main Motion to add the Zoning and Planning Boards to the list of Boards that are covered by this Ordinance. It was moved by Cr. Rupp, seconded by Cr. Becker to add the Zoning and Planning Boards to the list of Boards that are covered by this Ordinance. 0:44:39 Cr. Rupp Cr. Rupp stated that he wants these boards added because his decisions rely heavily on these boards. 0:45:10 Cr. Krauss Cr. Krauss stated that if they are included, it opens the door for all of the other boards. Cr. Krauss spoke regarding Boards that are advisory versus those that do things outside of the Commission's advice and handle money. That is where the line is drawn. 0:48:03 Vote on the Amendment to the Main Motion to add the Zoning and Planning Boards to the list of Boards that are covered by this Ordinance. Those voting Aye being Cr. Rupp and Mayor Jacobson. Those voting No being Crs. Becker, Krauss and Bryson. The motion failed 2 -3. 5 12 Linked Minutes of the Bozeman City Commission, November 2, 2009 0:48:15 Vote on the Main Motion to approve the City of Bozeman Financial Disclosure Statement Form and that we include the Board of Adjustment because they are quasi judicial decision making. Those voting Ave being Crs. Krauss, Bryson and Becker. Those voting No being Cr. Rupp and Mayor Jacobson. The motion passed 3 -2. 0:48:34 2. Baxter Creek Floweree Zone Map Amendment No. Z -09186 (Krueger) Mayor Jacobson opened the public hearing. 0:48:58 Brian Krueger, Associate Planner Mr. Krueger gave the staff presentation regarding the Baxter Creek Floweree Zone Map Amendment No. Z- 09186. 0:54:34 Mr. Krueger Mr. Krueger spoke regarding the existing Business Park Zoning on the property. 0:56:00 Mr. Krueger Mr. Krueger pointed out the surrounding zoning designations. 0:56:50 Mr. Krueger Mr. Krueger pointed out the original Norton Annexation. 0:57:58 Mr. Krueger Mr. Krueger spoke regarding the long range community map. 1:00:28 Cr. Becker Cr. Becker stated that his recollection was that the Commission did not want to push strip development west. 1:01:07 Mr. Epple Mr. Epple spoke regarding the water course through the property. 1:03:07 Mr. Epple Mr. Epple spoke regarding the Growth Policy. 1:05:42 Eric Nelson, Think Tank Design, Applicant Representative Mr. Nelson spoke regarding the history of the land. They wanted to wait and see what the adopted changes in the Growth policy would be before proceeding with the property. We feel the zoning designation B -2 is more in line with Community Mixed Use. They do not want to 6 13 Linked Minutes of the Bozeman City Commission, November 2, 2009 encourage strip development. B -P would increase strip development. The zoning designation is more consistent. 1:11:50 Cr. Krauss Cr. Krauss spoke regarding increased entitlements. 1:13:30 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1:13:46 Motion to approve the Baxter Creek Floweree Zone Map Amendment No. Z- 09186, a change of zoning designation on approximately 18.23 acres of land from "B -P" (Business Park District) to "B -2" (Community Business District) with the conditions outlined by staff. It was moved by Cr. Bryson, seconded by Cr. Rupp approving the Baxter Creek Floweree Zone Map Amendment No. Z- 09186, a change of zoning designation on approximately 18.23 acres of land from "B -P" (Business Park District) to "B -2" (Community Business District) with the conditions outlined by staff. 1:15:32 Cr. Krauss Cr. Krauss spoke regarding B -2 spreading west and the entry way corridor. Cr. Krauss stated that we do not want a gap of "Shopco" type development. 1:18:06 Cr. Bryson Cr. Bryson stated his concern of access. 1:19:28 Cr. Becker Cr. Becker spoke regarding a strip appearance and the Growth policy. 1:25:25 Mr. Epple Mr. Epple spoke regarding strip development. 1:28:45 Vote on the Motion to approve the Baxter Creek Floweree Zone Map Amendment No. Z- 09186, a change of zoning designation on approximately 18.23 acres of land from "B- P" (Business Park District) to "B -2" (Community Business District) with the conditions outlined by staff. Those voting Aye being Mayor Jacobson. Those voting No being Crs. Bryson, Rupp, Becker and Krauss. The motion failed 1 -4. 7 14 Linked Minutes of the Bozeman City Commission, November 2, 2009 1:29:40 3. Discuss Appointments to the Economic Development Council, the letter from the Economic Round Table Discussion Group, and the Bozeman Area Chamber of Commerce letters (Kukulski) 1:29:57 Mr. Kukulski Mr. Kukulski gave the staff report regarding Appointments to the Economic Development Council, the letter from the Economic Round Table Discussion Group, and the Bozeman Area Chamber of Commerce letters. Mr. Kukulski asked the Commission how they would like to put together an Economic Development Council that is listed in the Economic Development Plan. This group will be making recommendations to the Commission. He does not feel that we need a staff member on the board. Mr. Kukulski spoke regarding an Advisory Committee. His suggestion is to get moving on the Council and to keep it a small group. 1:37:31 Cr. Krauss Cr. Krauss spoke regarding an Economic Development position with the City. 1:37:45 Mr. Kukulski Mr. Kukulski stated that as part of the 2010 -2011 budget staff were asked to look into a Grant Position and an Economic Development Position. Staff will be bringing this in front of the Commission in a week. 1:38:27 Cr. Rupp Cr. Rupp asked if there was someone on staff that could fill the position. 1:38:41 Mr. Kukulski Mr. Kukulski stated that it will be his suggestion to have someone dedicated to that purpose. 1:40:35 Public Comment Mayor Jacobson opened public comment. 1:40:45 Sam Mudlin, Public Comment Mr. Mudlin stated that he is on the Chamber Board of Directors and offers Chamber support for getting the Economic Development Council moving. He supports the cross section of the business community. 1:42:35 Peter Bertelsen, Public Comment Mr. Bertelsen stated that he is the Executive Director of PROSPERA Business Network and is in support of establishing the Economic Council. He read a letter from the organization. 1:43:56 Jerry Pape, Public Comment Mr. Pape stated that he is a business person here in Bozeman. He spoke regarding the staff position with the City. 8 15 Linked Minutes of the Bozeman City Commission, November 2, 2009 1:46:06 Public Comment closed. Mayor Jacobson closed public comment. 1:46:31 Cr. Rupp Cr. Rupp spoke regarding the size of the group. There should be some balance. He is concerned that having 2 groups do the same purpose may lose some efficiency. 1:47:40 Cr. Krauss Cr. Krauss stated that he thinks 5 -7 members are enough. 1:50:47 Cr. Bryson Cr. Bryson spoke regarding taking off City staff from the suggestion list that was provided in the memo. Cr. Bryson suggested that people be contacted to see if they are interested without the application process. 1:53:38 Cr. Rupp Cr. Rupp suggested that the positions be expanded to non profits in Town. 1:54:03 Cr. Becker Cr. Becker spoke regarding ad -hoc positions. 1:55:59 Mayor Jacobson Mayor Jacobson stated that she is concerned with balance. There are quality of life issues that need to be addressed. 2:01:06 Cr. Bryson Cr. Bryson suggested directing staff to bring back a list of ten people to serve. 2:07:57 Motion to direct the City Manager to actively recruit a group of individuals willing to serve on a 7 member Economic Development Council. It was moved by Cr. Krauss, seconded by Cr. Bryson to direct the City Manager to actively recruit a group of individuals willing to serve on a 7 member Economic Development Council. 2:08:39 Cr. Bryson Cr. Bryson encouraged a larger list. 2:10:58 Cr. Krauss Cr. Krauss stated that the intent of his motion was to get results. 2:13:03 Vote on the Motion to direct the City Manager to actively recruit a group of individuals willing to serve on a 7 member Economic Development Council. 9 16 Linked Minutes of the Bozeman City Commission, November 2, 2009 Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. 2:13:20 4. Appointment to the Mayors' Community Climate Task Force (Kissel) 2:13:45 Motion and Vote to appoint Daryl Nourse to the Mayor's Community Climate Task Force. It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Daryl Nourse to the Mayor's Community Climate Task Force. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. 2:14:02 5. Appointment to the Wetlands Review Board (Kissel) 2:14:18 Cr. Krauss Cr. Krauss questioned the applicant's qualifications. 2:15:29 Motion and Vote to appoint Purcie Bennett to the Wetlands Review Board. It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Purcie Bennett to the Wetlands Review Board. Those voting Aye being Crs. Rupp, Becker and Mayor Jacobson. Those voting No being Crs. Krauss and Bryson. The motion passed 3 -2. 2:15:57 L FYI/Discussion 2:16:11 1. Clarification on Revolving Loan Fund Ms. Rosenberry stated that there is only one advisory board for revolving loan funds. This is in regards to the discussion on Consent Item 5. Approve the City of Bozeman Financial Disclosure Statement Form. 2:18:41 2. Diversity March Thank You Cr. Bryson thanked those that were involved in the Diversity March on Sunday. 2:19:34 3. Resolution for All Are Welcome Here Mayor Jacobson asked that this new Resolution be added to the Agenda for next Monday. 10 17 Linked Minutes of the Bozeman City Commission, November 2, 2009 2:19:56 4. Mr. Leland Public Comment Mr. Kukulski explained that Leland has not given a formal Public Records Request or received direction from the City Commission regarding the request. Leland is welcome to look through the files. 2:21:18 5. Bozeman's Economy Mr. Kukulski spoke regarding an Economic component analysis. 2:23:35 6. Joint City- County Meeting conflict The next meeting is scheduled on November 20th. The Commission has a prior engagement this day. They agreed that it be requested to move the Joint City County Meeting. 2:24:17 7. Policy Meeting on November 5th Reminder Ms. Ulmen reminded the Commission about the Policy Meeting this Thursday. 2:24:40 8. Ground Breaking Ceremony for Joint Facility HRDC /City of Bozeman Mr. Kukulski reminded that Commission that there is a ground breaking Ceremony this Wednesday at 3 p.m. for the Joint Facility. 2:25:05 9. Pool Fees Cr. Rupp will talk with Ron Dingman regarding the family pool pass rate that was previously brought up on September 28th during FYI. 2:26:11 10. Cr. Rupp Gone Cr. Rupp stated that he will be gone on November 16th. 2:27:05 J. Adjournment The meeting was adjourned at 9:20 p.m. ATTEST: Stacy Ulmen, CMC, City Clerk PREPARED BY: Stacy Ulmen, CMC, City Clerk Approved on 11 18 Kaaren Jacobson, Mayor