HomeMy WebLinkAbout11-02-09 Minutes, City Commission r
LINKED 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.
*I'lea,se 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 cif
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.
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 voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being 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 voting Ave being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being 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)
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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 Bridger Park Downtown (Burns)
Those voting Ave being Crs. Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No beinp- none.
Those abstaining beinp- Cr. Rupp.
The motion passed 4 -0.
0:23 :57 G. Public Comment
Mayor Jacobson opened public comment.
0:24:29 Brian Leland. Public Comme_n_t
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.
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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 thern if they wish.
0:35:37 Cr. Krauss
Cr. Krauss stated that he filled out the fonn.
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.
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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 Ave being Cr. Rupp and Mayor Jacobson.
Those voting No being Crs. Becker, Krauss and Bryson.
The motion failed 2 -3.
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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.
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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 Major 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.
2:15:571. 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.
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