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HomeMy WebLinkAbout10-12-09 Minutes, City Commission V LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 12, 2009 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, October 12, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Jeff Krauss, and Cr. Jeff Rupp, -City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Planning Director Andy Epple, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. *Please refer to the audio recording of this meeting for additional details. An Executive Session took place prior to this Meeting regarding Litigation Strategy. 0:08:21 A. Call to Order Executive- 5 p.m. -City Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order at 5:08 p.m. 0:08:37 Greg Sullivan, City Attorney Mr. Sullivan explained that if the Commission wishes to close the meeting for an Executive Session, it must be explained that it is being closed in respect to litigation and that having an open meeting would be a detrimental effect on the litigation position of the City. 0:08:54 Mayor Jacobson Mayor Jacobson announced that the meeting is being closed in respect to litigation and that having an open meeting would have a detrimental effect on the litigation position of the City. 0:14:39 C. Call to Order Regular Meeting 6 p.m. Mayor Jacobson called the meeting to order. 0:14:49 D. Pledge of Allegiance and a Moment of Silence 0:15:37 E. Changes to the Agenda Mayor Jacobson asked Mr. Kukulski if there were any changes to the Agenda. Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 0:15:41 Mr. Kukulski Mr. Kukulski suggested moving Item K. 3 Osborne Block Building Demolition Certificate of Appropriateness to K. 1 if the applicant was present. The Applicant was not present so the item will stay in place as K. 3. 0:16:14 F. Public Service Announcement Neighborhood Conservation Club Fall Speaker Series (Fontenot) 0:16:21 Brit Fontenot Neighborhood Coordinator Mr. Fontenot gave the Public Service Announcement for the Neighborhood Conservation Club Fall speaker Series. He highlighted the events and added that they will all be taking place at the Story Mansion. 0:18:26 Authorize Absence of Cr. Bryson 0:18:32 Motion and Vote to authorize the absence of Cr. Bryson. It was moved by Cr. Krauss, seconded by Cr. Rupp to authorize the absence of Cr. Bryson. Those votin y- Ave beine Crs. Krauss, Rupp, Becker and Mayor Jacobson. Those voting No beine none. The motion passed 4 -0. 0:18:16 G. Minutes September 14, 2009 and September 21, 2009 0:18:56 Motion and Vote to approve the minutes of September 14th and September 21st, 2009. It was moved by Cr. Rupp, seconded by Cr. Becker to approve the minutes of September 14th and September 21st, 2009. Those votine Ave beine Crs. Rupp, Becker, Krauss and Mayor Jacobson. Those votine No beine none. The motion passed 4 -0. 0 :19:12 H. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Public Utility Easement for the City of Bozeman Lower Yards Property (Heaston) 3. Authorize City Manager to sign the Irrevocable Offer of Dedication for the Summit Storage Site Plan No. Z -09080 (Krueger) 4. Approve Resolution No. 4204, Completing the Wenzel Smiley Annexation (Saunders) 2 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 5. Approve Resolution No. 4208, establishing permit fees for the lawful keeping of domestic chickens within the corporate limits of the City of Bozeman (Fontenot) 6. Approve Resolution No. 4211, Changing two street names in Meadow Creek Subdivision Phase 1 (Kerr) 7. Approve Resolution No. 4212, Changing two park names in Meadow Creek Subdivision Phase 1 (Kerr) 8. Approve the Monthly Building Report for September, 2009 (Risk) 9. Provisionally Adopt Ordinance No. 1774 adopting R -3 Zoning for the Wenzel- Smiley Annexation (Saunders) 0:19:16 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:19:26 Motion and Vote to approve Consent Items 1 -9. It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Items 1 -9. Cr. Rupp recused himself from the vote. Those voting Ave beine Crs. Becker, Krauss, and Mayor Jacobson. Those voting No being none. The motion passed 3 -0. 0:20:25 Cr. Rupp Cr. Rupp stated that he recused himself from the vote due to Consent Item H. 2- Authorize City Manager to sign a Public Utility Easement for the City of Bozeman Lower Yards Property. This is because it is tied into the HRDC project and may be perceived as a conflict of interest. 0:20:371. Public Comment Mayor Jacobson opened public comment. 0:20:52 Roxanne Klingensmith, Public Comment Ms. Klingensmith of 1717 South Black spoke regarding her concern about a group that wants to snake Bozeman an exclusive community. She brought in materials that have been distributed by the group. She asked that the Commission pass a resolution encouraging diversity. 0:22:49 Chris Budeski, Public Comment Mr. Budeski of 315 Sheriden Ave spoke about his concern of the white supremacist group that was in the City over the weekend. Mr. Budeski spoke in support of a resolution. 3 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 0:23:42 Bob Chase, Public Comment Mr. Chase of 433 South Black Avenue stated that he saw the white supremacist group in front of the Courthouse on Sunday. He supports freedom of speech but not white supremacy. 0:24:36 Chris Mehl Public Comment Mr. Mehl of 1115 South Willson stated that Bozeman stands for diversity and united. He urged the Commission to pass a resolution. 0:25:26 Brian Leland, Public Comment Mr. Leland of 528 North Bozeman spoke regarding construction contract bids. He spoke regarding Martel and the City Parking Garage. He would like to know how much went to the ghost mistress. Tax payers should get a tax refund. 0:27:09 Public Comment closed Mayor Jacobson closed public comment. 0:27:13 Mayor Jacobson Mayor Jacobson stated that she is in the process of writing a letter about the hate literature to 5 organizations that helped with this sort of activity in the past. 0:28:10 J. Special Presentation Update on Library City Pool Pass and the Recreation 0:28:19 Ron Dingman, Director of Parks and Recreation. Mr. Dingman gave the staff presentation on the Library City Pool Pass and the Recreation Scholarship Program. Mr. Dingman showed how to access the application and the library City Pool Pass form via the web. 0:33:39 Mr. Dingman Mr. Dingman explained that availability is based on the amount of space in the program. 0:34:12 K. Action Items 0 :34:17 1. Discussion and Direction to Staff on Report Regarding City Hiring Practices (Sullivan) Mayor Jacobson opened the discussion on the report regarding City Hiring Practices. She stated that this has to do with the practice regarding the requirement of passwords for internet sites that was discontinued on June 19th. 0:36:05 Greg Sullivan, City Attorney Mr. Sullivan stated that the investigation was initiated by the City Commission. He went over the scope of work that the investigator followed when doing the investigation. The report was sent to the Commission on September 25th and released to the public on October 2nd. 4 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 0:39:38 Michele Puiggari, Investigator Ms. Puiggari spoke regarding the Investigative Report. She spoke regarding the Contract Requirements. She stated that there were inaccurate and misleading comments made at the Commission meeting on June 22, 2009. She looked beyond social networking sites and looked at internet sites. There is no knowledge that the misleading statements made at the Commission meeting were made intentionally. 0:47:44 Cr. Becker Cr. Becker spoke regarding Ms. Puiggari's conclusion that there was not any misleading information given intentionally. He asked Ms. Puiggari what she thought the source was regarding the breakdown of communication. 0:48:13Ms. Puiggari Ms. Puiggari stated that she was asked not to provide conclusions in her report. She feels the breakdown was due to the process of the English language and what people are used to hearing is what they envision for themselves. 0:50:08 Ms. Puiggari Ms. Puiggari stated that in her opinion there was a breakdown in communication based on what people assumed they understood the language to be when the preparation for June 22nd meeting took place. 0:50:55 Ms. Puiggari Ms. Puiggari spoke regarding the breakdown in communication between the Police and Fire Department and the HR Department. 0:52:34 Cr. Becker Cr. Becker asked if Ms. Puiggari found any evidence that the background process was concealed. 0:52:45 Ms. Puiggari Ms. Puiggari stated no. 0:53:30 Cr. Becker Cr. Becker spoke regarding prevalence issues. 0:53:52 Ms. Puiggari Ms. Puiggari stated that she did not find it to be prevalent. 0:54:14 Cr. Rupp Cr. Rupp spoke regarding the attendance at a training session where this practice was discussed. 5 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 0:54:42 Ms. Puiggari Ms. Puiggari stated that the training materials did not address the use of the internet however there was an extensive discussion about this at the training. 0:54:59 Cr. Rupp Cr. Rupp asked if there were others that are doing this practice. 0:55:12 Ms. Puiggari Ms. Puiggari stated that there was information given to her in interviews that there are other departments that do this process. 0:55:26 Cr. Rupp Cr. Rupp asked if Ms. Puiggari contacted the other Departments to find out. 0:55:32 Ms. Puiggari Ms. Puiggari stated she did not because she felt it was beyond her scope. 0:55:43 Cr. Rupp Cr. Rupp spoke regarding financial information. 0 :55:48 Ms. Puiggari Ms. Puiggari stated that no one asked for their banking passwords. They were asked for account numbers and debt information. 0 :57:31 Mayor Jacobson Mayor Jacobson spoke regarding journals. 0:57:44 Ms. Puiggari Ms. Puiggari spoke regarding the journals and this process in 14R. 0:58:15 Ms. Puiggari Ms. Puiggari spoke regarding the clarifications in the memo that she provided to the Commission. 0:59:22 Cr. Krauss Cr. Krauss spoke regarding a systematic process for pushing this through the organization. 0:59:53 Ms. Puiggari Ms. Puiggari stated that there is no evidence that when these processes were implemented that the City Manager, HR or City Attorney were consulted. 1:00:18 Cr. Krauss Cr. Krauss asked if there was evidence of the Fire Department went to their boss. 6 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 1:00:39 Ms. Puiggari Ms. Puiggari stated that there is no evidence that anyone looked at other cities. There is evidence that this was felt necessary. 1:00:57 Cr. Krauss Cr. Krauss asked if the HR Department discussed implementing the practice with the City Manager or Department heads. 1:01:14 Ms. Puiggari Ms. Puiggari stated no. 1:01:37 Mr. Kukulski Mr. Kukulski thanked the employees for their honesty not only with the Investigator, but also with him. Mr. Kukulski spoke regarding voluntary information. 1:04:19 Mr. Kukulski Mr. Kukulski spoke regarding the mistakes that were made including implementing a bad policy without the input of the Leadership Team, once discovered we failed to recognize the magnitude of that policy and immediately became defensive, along with a series of communication failures. The following steps have been taken to improve in these areas including ending the practice as of June 19th, reorganizing weekly and monthly staff meetings, conducting meetings with each division, and meetings with Directors that are involved. 1:06:06 Mr. Kukulski Mr. Kukulski spoke regarding actions that are ready to be implemented tonight including 4 Administrative Orders. Those are adopting the hiring manual as our hiring process which needs to be updated every 2 years, all official personal files to be held in the Human Resources, Human Resources is to be involved in disciplinary actions, and the official organizational chart where HR will be supervised by the City Manager. 1:10:49 Public Comment Mayor Jacobson opened public comment. 1:11:02 Bob Chase, Public Comment Mr. Chase 433 South Black Avenue spoke regarding the statement "the heartfelt belief that it was the right thing to do He finds this statement telling. He feels it is beyond reality that this was going on and no one knew about it. He feels a suspension is a slap on the wrist. Mr. Chase stated that his personnel file has been released to the Chronicle and will soon be on his website. He spoke regarding his termination from the City. 1:13:28 Public Continent Closed Mayor Jacobson closed public comment. 7 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 1:13:44 Mayor Jacobson Mayor Jacobson stated that this situation was unfortunate. It is important to note that the City did not invent this. The investigator did not find a malicious intent. False statements were not intentional. She spoke regarding the Police process. She is not interested in discipline but wants to communication process re- aligned. 1:31:58 Cr. Krauss Cr. Krauss stated that this is a failure of management and people in the organization. There is no evidence that it was reported to City Manager. Some departments acted like an island. No department in the City is an island. Team members need to be apologized to. There has to be consequences. 1:37:02 Mr, Sullivan Mr. Sullivan spoke regarding privacy interests of public employees. 1:38:37 Cr. Rupp Cr. Rupp stated that he does not know a training session where paperwork was not provided. The Police Department went to training and did this on their own. HR was not present. He needs to have trust and confidence in the information that he gets. It needs to be factual. He agrees with having and Executive session. 1:41:30 Cr. Becker Cr. Becker stated that he was shocked about this. The Commission acted quickly but there was some lag time. There is a breakdown throughout the organization. Concern when department heads spoke publicly with misinformation. More accountability needs to take place. Some employees need to be disciplined. The one employee -is a top performing City Manager. 1:47:55 Mayor Jacobson Mayor Jacobson stated that she is willing to go into an Executive Session, but not at this moment because there are remaining items on the agenda. 1:48:58 Cr. Rupp Cr. Rupp stated that he wants to get this done. 1:52:49 Cr. Krauss Cr. Krauss stated that this discussion needs to be completed while we are talking about it. 1:53:35 Mayor Jacobson Mayor Jacobson declared an Executive Session. 0:00:42 Executive Session Called to Order. The Executive Session was called to order at 8:13 p.m. 8 Linked Minutes of the Bozeman City Commission Meeting, October 12,200-9 After the regular meeting was brought back to order, the City Manager waived his rights and the Mayor announced that he has been suspended without pay for 1 week. That 1 week must begin within the next 30 days. 1:54:43 2. Appointments to the Mayors' Community Climate Task Force (Meyer) Ms. Rosenberry gave the staff report regarding the Mayors' Community Climate Task Force. 1:59:16 Hattie Baker, Sustainability Consultant Ms. Baker stated that the Chamber will be sending an applicant for the one vacant position on the board. 1:59:24 Cr. Rupp Cr. Rupp spoke regarding advertising. 2:01:11 Motion and Vote to appoint the individuals listed in the October 12th memorandum to the Mayors' Community Climate Task Force (15 members). It was moved by Cr. Rupp, seconded b Cr. Becker to appoint the individuals listed in the October 12th memorandum to the Majors' Community Climate Task Force X15 members). Those votium Ave being Crs. Ru2jj, Becker Krauss and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 2:01:47 3. Osborne Block Building Demolition Certificate of Appropriateness No. Z- 09194 (Public Hearing) (Bristor) 2:02:42 Ms. Bristor Ms. Bristor gave the staff presentation regarding the Osborne Block Building Demolition Certificate of Appropriateness No. Z- 09194. 2:12:49 Chris Pope, Applicant Mr. Pope stated that he is representing his mother who owns the property. His property was damaged in the blast. This building is a lost structure. He went over a current repair plan. There is substantial brick separation. It is estimated that it will cost $2 million dollars to repair the building. He spoke regarding public safety and feel it trumps historic preservation. He feels the facade is not safe. 2:34:37 Public Comment Mayor Jacobson opened public comment. 9 Linked Minutes of the Bozeman City Commission Meeting, October 12,1009 2:34:48 Less Gunderson, Public Comment Ms. Gunderson stated that she is the General Manager for Mt. Gift Corral. They suffered cosmetic damage and spoke in support of the demolition. 2:37:53 Public Comment Closed Mayor Jacobson closed public comment. 2:38:27 Cr. Rupp Cr. Rupp spoke regarding allowing 120 days to pursue the renovation. 2:41:03 Mayor Jacobson Mayor Jacobson spoke regarding a $1 million appropriation that is in the House and the Senate Committees. It is grant funds that may come to Bozeman associated with the Blast. 2:43:13 Cr. Rupp Cr. Rupp asked Mr. Pope if he was in agreement with all of the conditions in the staff report before the demolition begins. 2:43:25 Mr. Pope Mr. Pope stated yes and spoke regarding what is economically unreasonable. 2:45:32 Mr. Pope Mr. Pope stated that safety is an issue. 2:50:36 Ms. Bristor Ms. Bristor spoke regarding money available through the National Trust. 2:56:46 Cr. Krauss Cr. Krauss spoke regarding the building being a safety issue and threat to the downtown economy. 3:00:46 Motion that based on definitive evidence supplied by the applicant, including structurally analysis and cost estimates indicating the costs of repair or rehabilitation versus the costs of demolition and redevelopment, a. The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such a threat; any costs associated with the removal of health or safety threats do exceed the value of the structure, b. The structure or site has no viable economic or useful life remaining, that the City of Bozeman grant a demolition permit for the existing structure's west wall (the shared common wall between 229 -233 East Main Street and 225 East Main Street American Legion building with City Staffs recommended conditions of approval listed on the memorandum. 10 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 It was moved by Cr. Becker, seconded by Cr. Krauss that based on definitive evidence supplied by the applicant, including structurally analysis and cost estimates indicating the costs of repair or rehabilitation versus the costs of demolition and redevelopment, a. The structure or site is a threat to public health or safety, and that no reasonable repairs _or alterations will remove such a threat; any costs associated with the removal of health or safety threats do exceed the value of the structure, b. The structure or site has no viable economic or useful life remaining, that the City of Bozeman grant a demolition permit for the existing structure's west wall (the shared common wall between 229 -233 East Main Street and 225 East Main Street American Legion building with City Staff s recommended conditions of approval listed on the memorandum. 3:13:34 Motion and Vote to suspend the Rules for 15 minutes. It was moved by Cr. Krauss, seconded by Cr. Rupp to suspend the Rules for 15 minutes. Those voting Ave being Crs. Krauss, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 3:16:21 Motion withdrawn to that based on definitive evidence supplied by the applicant, including structurally analysis and cost estimates indicating the costs of repair or rehabilitation versus the costs of demolition and redevelopment, a. The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such a threat; any costs associated with the removal of health or safety threats do exceed the value of the structure, b. The structure or site has no viable economic or useful life remaining, that the City of Bozeman grant a demolition permit for the existing structure's west wall (the shared common wall between 229 -233 East Main Street and 225 East Main Street American Legion building with City Staffs recommended conditions of approval listed on the memorandum. Cr. Becker withdrew his motion. 3:16:41 Motion that based on definitive evidence supplied by the applicant, including structurally analysis and cost estimates indicating the costs of repair or rehabilitation versus the costs of demolition and redevelopment, a. The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such a threat; any costs associated with the removal of health or safety threats do exceed the value of the structure, b. The structure or site has no viable economic ore useful life remaining, grant a demolition permit for 229 -233 East Main subject to the Conditions 1 -5 with 3 being modified to read: "The applicant shall attempt to salvage materials of the Osborne Block 11 Linked Minutes of the Bozeman City Commission Meeting, October 11, 2009 building during the demolition proves. A written narrative explaining the process and materials of salvage shall be submitted to the Department of Planning." It was moved by Cr. Rupp, seconded by Cr. Krauss that based on definitive evidence supplied by the applicant, including structurally analysis and cost estimates indicating the costs of repair or rehabilitation versus the costs of demolition and redevelopment, a. The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such a threat; any costs associated with the removal of health or safety threats do exceed the value of the structure, b. The structure or site has no viable economic ore useful life remaining, grant a demolition permit for 229 -233 East Main subject to the Conditions 1 -5 with 3 being modified to read: "The applicant shall attempt to salve a materials of the Osborne Block buildinst durin the demolition process. A written narrative explaining the process and materials of salvage shall be submitted to the Department of Planning." 3:20:53 Stacy Ulmen, City Clerk Ms. Ulmen read back the motion. 3:22:04 Vote on the Motion that based on definitive evidence supplied by the applicant, including structurally analysis and cost estimates indicating the costs of repair or rehabilitation versus the costs of demolition and redevelopment, a. The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such a threat; any costs associated with the removal of health or safety threats do exceed the value of the structure, b. The structure or site has no viable economic ore useful life remaining, grant a demolition permit for 229 -233 East Main subject to the Conditions 1 -5 with 3 being modified to read: "The applicant shall attempt to salvage materials of the Osborne Block building during the demolition process. A written narrative explaining the process and materials of salvage shall be submitted to the Department of Planning." Those voting Ave being Crs. Rupp, Krauss, Becker and Mayor Jacobson. Those voting No being none. The motion „passed 4 -0. 3:22:50 Motion and Vote to suspend the Rules to 10:45 p.m. It was moved Cr. Krauss seconded b Cr. Becker to suspend the Rules to 10:45 p.m. Those voting Ave being Crs. Krauss, Becker, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 12 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 3:23.15 4. Provisional Adoption of Ordinance No. 1770, revision to Bozeman Municipal Code 10.32.410, authorizing the Immobilization (Booting) and Impoundment of Vehicles and providing for Due Process and to establish that tampering with or removal of an Immobilization Device is a Misdemeanor Offense (Public Hearing) (McLane) 3:24:03 Rich McLane, Police Lieutenant Lt. McLane gave the staff presentation regarding Ordinance No. 1770, revision to Bozeman Municipal Code 10.32.410, authorizing the Immobilization (Booting) and Impoundment of Vehicles and providing for Due Process and to establish that tampering with or removal of an Immobilization Device is a Misdemeanor Offense. 3:35:31 Lt. McLane Lt. McLane spoke regarding the placement of the boot. 3:36:10 Lt. McLane Lt. McLane suggested that the following section be added to J2. Section 4: After normal business hours release: by posting a cash bond with the Bozeman Police Department that includes all costs listed in Section 2. iii. above for emergency exceptions, as necessary. 3:38:45 Motion and Vote to provisionally adopt Ordinance No. 1770 with the suggested language regarding J2. Part 4 after business hours, payment may be accepted by the Department of Public Safety. It was moved by Cr. Krauss, seconded by Cr. Rupp to provisionally adopt Ordinance No. 1770 with the suzzested lan ua a re2ardina J2. Part 4 after business hours Payment ma be accepted by the Department of Public Safety. Those voting Ave being Crs. Krauss, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 3:39:25 L. FYI /Discussion 3:39:35 1. Mayor Jacobson will be gone next week. 3:39.47 2. Fee Structure at the Swim Center The Commission discussed revisiting the Fee structure at the Swim Center. Cr. Rupp is concerned about the $500 cost for families to swim. He is not comfortable with the Scholarship program. Cr. Becker spoke regarding the incomes. He would be supportive of the Scholarship Programs, if discounts could be extended to families who make more (than what is listed). The incomes need to go up. Mayor Jacobson stated that this needs to be added as an action item. 13 Linked Minutes of the Bozeman City Commission Meeting, October 12, 2009 There is a Park and Recreation Meeting at the Beall Park about this. It was determined to not add this to the agenda until that meeting takes place. 3:42:513. Taser Policy Cr. Becker asked if the City has a Taser Policy. There are issues coming up in other cities. 3:43:49 4. Number of Beer and Wine Licenses in the City Cr. Becker wondered if there is any way to increase the number of beer and wine licenses in the City. This needs to be addressed at the Legislature. 3:46:36 5. MMIA Loss Control Award Mr. Kukulski stated that the City has been awarded a Loss Control Award from MMIA. 3:48:09 M. Adjournment The Meeting was adjourned at 10:47 p.m. Kaaren Jacobson, ayor 1 yr, q y F Staff U i NJ ity Clerk PREPARED BY: tacy U nen, CMC, City Clerk Approved on 14