HomeMy WebLinkAbout12-14-09 Minutes, City Commission co. M
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 14, 2009
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, December 14, 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, Planning Director Andy Epple, City
Attorney Greg Sullivan and City Clerk Stacy Ulmen.
*Please refer to the audio recording of this meeting for additional detail
0:01:52 A. Call to Order 6 p.m. Commission Room, City Hall, 121 North Rouse
Mayor Jacobson called the meeting to order at 6:04 p.m.
0:01:54 B. Pledge of Allegiance and a Moment of Silence
0:02:32 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:02:37 Chris Kukulski, City Manager
Mr. Kukulski suggested that item Consent Item E. 8. Approve First Addendum to December 4,
2006 Employment Agreement with Chris A. Kukulski be moved to the end of the Action items as
G. 7.
0:03:12 D. Public Service Announcements
0:03:20 1. Sidewalk Snow Removal (Arkell)
Assistant City Manager Chuck Winn presented a PSA regarding Sidewalk Snow removal
program. He highlighted the City Ordinance.
0:08:05 2. Citizen Advisory Board Term Expirations and Current Vacancies (Kissel)
City Clerk Stacy Ulmen presented a PSA regarding Citizen Advisory Board Term Expirations
and Current Vacancies.
Linked Minutes of the Bozeman City Commission, December 14, 2009
0:09:31 3. Bozeman License Plate Design Contest Deadline Extended to January 28, 2010
(Fontenot)
Assistant to the City Manager Brit Fontenot presented a PSA regarding the Bozeman License
Plate Design Contest Deadline Extension to January 28, 2010.
0:10:29 Cr. Krauss
Cr. Krauss asked that Mr. Fontenot remind everyone as to what the money will go towards.
0:10:38 Mr. Fontenot
Mr. Fontenot stated that $20 of the fee will go towards tangible park improvements and $5 to the
Emerson Cultural Center for art programs for children.
0:11:45 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign the Tire Rama (The Tire Guys) Public Street and
Utility Easement (Heaston)
3. Authorize City Manager to submit a Montana Department of Environmental
Quality Recycling Infrastructure Grant Application to Fund Recycling Bins and
Education Material for the Bozeman School District (Meyer)
4. Authorize City Manager to sign Amendment No. 2 To the Professional Services
Agreement For Great West Engineering for the 2008 Sewer Rehabilitation Project
(Murray)
5. Acknowledge receipt of the Recommended Capital Improvements Plan Document
for Fiscal Year 2011 -2015 (Rosenberry)
6. Approve the Monthly Building Report for November 2009 (Risk)
7. Approve Professional Services Agreement with Montana State University
Extension for Creation of an Ethics Handbook (Sullivan)
8. Approve First Addendum to December 4, 2006 Employment Agreement with
Chris A. Kukulski (Sullivan /Ulmen)
9. Approve Resolution No. 4226, Certifying Delinquent Special Assessments to
Gallatin County for the first 1/2 of Fiscal Year 2010 (Shannon)
10. Approve the Final Plat for the Story Mansion Minor Subdivision No. P- 09014,
Second or Subsequent Minor Subdivision of a Tract of Record to create two lots
on the 2.15 acre Story Mansion property located at 811 S. Willson Avenue and
Authorize the City Manager and Director of Public Service to execute the same
on behalf of the City of Bozeman (Riley)
11. Approve Resolution No. 4227, Story Mansion Parkland Declaration (Epple)
12. Approve Liquor, Beer and Wine License Renewals for 2010 (Neibauer)
13. Approve Payment of $5,836.89 for the Buttrey's Solvent Site Cost Recovery
(Cooper)
0:11:53Public Comment
Mayor Jacobson opened Public Comment.
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No person commented.
Mayor Jacobson closed Public Comment.
0:11:59 Motion and Vote to approve Consent Items E. 1 -7 and 9 -12.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent Items E. 1 -7 and
9 -12.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:12:24 Motion and Vote to approve Consent Items E. 13. (Cost recovery costs for Buttrey's
Solvent site)
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent Items E. 13. (Cost
recovery costs for Buttrey's Solvent site).
Those voting Ave being Crs. Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion passed 4 -1.
0:12:39 F. Public Comment
Mayor Jacobson opened public comment.
0:13:06 Jeffrey Buchowiski, Public Comment
Mr. Buchowiski of 310 North Plum stated that he is being harassed and threatened because of his
comment on a talk radio show last weekend. He wants to meet with Mr. Kukulski regarding this.
He feels he is not being taken seriously.
0:1 6:10 Allan Lien, Public Comment
Mr. Lien of 8507 Huffine Lane spoke regarding the Chicken Ordinance and then presented the
Commission with a homemade chicken hook.
0:17:11 Public Comment Closed
Mayor Jacobson closed public comment.
0:17:13 1. Provisional Adoption of Ordinance No. 1769, Amending Title 18, Unified
Development Ordinance, Bozeman Municipal Code (Opened and Continued from
November 23, 2009 and December 7, 2009) (Saunders)
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0:17:37 Motion and Vote to open (Provisional Adoption of Ordinance No. 1769, Amending
Title 18, Unified Development Ordinance, Bozeman Municipal Code (Opened and
Continued from November 23, 2009 and December 7, 2009).
It was moved by Cr. Becker, seconded by Cr. Krauss to open (Provisional Adoption of
Ordinance No. 1769, Amending Title 18, Unified Development Ordinance, Bozeman
Municipal Code (Opened and Continued from November 23, 2009 and December 7, 2009).
Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:18:59 Chris Saunders, Assistant Planning Director
Mr. Saunders stated that there has not been any public comment received since the last
discussion.
0:21:04 Mr. Saunders
Mr. Saunders spoke regarding residential zoning and uses within this zoning area.
0:23:08 Motion and Vote to adopt Section 18.16.020 and Section 18.16.030.C.
It was moved by Cr. Rupp, seconded by Cr. Becker to adopt Section 18.16.020 and Section
18.16.030.C.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:23:47 Mr. Saunders
Mr. Saunders spoke regarding 18.42.080, regarding storm water elements.
0:24:51 Motion and Vote to approve Section 18.42.080.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Section 18.42.080.
Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:25:15 Mr. Saunders
Mr. Saunders spoke regarding Section 18.42.130, fences and hedges.
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0:25:54 Motion and Vote to approve Section 18.42.130 as amended.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Section 18.42.130 as
amended.
Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:26:24 Mr. Saunders
Mr. Saunders spoke regarding section 18.52.050, regarding signs that are exempt from formal
permitting requirements.
0:27:47 Motion and Vote to approve section 18.52.050, amending Section A.2 to incorporate
the last sentence of B.4 as proposed.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve section 18.52.050,
amending Section A.2 to incorporate the last sentence of B.4 as proposed.
Those voting Ave being Crs. Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being Cr. Becker.
The motion passed 4 -1.
0:28:09 Mr. Saunders
Mr. Saunders spoke regarding Section 18.52.010.
0:28:57 Cr. Bryson
Cr. Bryson spoke regarding barber poles. He spoke regarding the sign code prohibiting the use of
revolving signs which has been interpreted by City Staff to include barber poles which is an
iconic form of advertising for historic use of barber shops. He would like to possibly change the
interpretation of what a revolving sign is or specifically include that barber poles are legitimate.
0:29:46 Mayor Jacobson
Mayor Jacobson stated that she would support the change.
0:30:09 Motion to approve Section 18.52.010 with an additional provision that excludes
Barber signs from an interpretation of revolving signs.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Section 18.52.010 with an
additional provision that excludes Barber signs from an interpretation of revolving signs.
0:30:27 Greg Sullivan, City Attorney
Mr. Sullivan suggested that before finalizing the motion, he would appreciate the opportunity to
be real specific and look at whether the language proposed would be content neutral.
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0:31:54 Cr. Krauss
Cr. Krauss suggested that the language be: barber poles as iconic advertisements for barber
shops shall not be considered revolving signs".
0:33:41 Cr. Rupp
Cr. Rupp stated that he supports what Cr. Bryson brought up but was hoping for more of a
comprehensive review. He questioned the appeals process.
0:35:38 Cr. Rupp
Cr. Rupp spoke regarding the transit section.
0:36:28 Mr. Saunders
Mr. Saunders explained that the transit section was taken care of in the earlier series of
amendments from July.
0:41:01 Cr. Becker
Cr. Becker asked if applicants are informed of the appeal options.
0:41:10 Mr. Saunders
Mr. Saunders explained that if an applicant says that they are unhappy with something, staff
takes the time to explain the options.
0:41:37 Mr. Sullivan
Mr. Sullivan stated that he has direction to see if it is possible, and if so to draft language
amending 18.52.030 Section C. to allow barber pole signs advertising barber shops based on
their iconic nature.
0:46:12 Stacy Ulmen, City Clerk
Ms. Ulmen read back to motion.
0:46:28 Cr. Bryson
Cr. Bryson explained that if this is not the proper place to make the exception, that the City
Attorney has been given clear direction that he needs to find the proper place to put it but the
motion is to approve the changes with the exclusion of barber poles.
0:46:45 Vote on the Motion to approve Section 18.52.010 with an additional provision that
excludes Barber signs from an interpretation of revolving signs.
Those voting Ave being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
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0:47:04 Mr. Saunders
Mr. Saunders spoke regarding Section 18.52.065, way finding signs.
0:48:01 Motion and Vote to adopt Section 18.52.065, way finding signage.
It was moved by Cr. Rupp, seconded by Cr. Becker to adopt Section 18.52.065, way finding
signage.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:48:34 Mr. Saunders
Mr. Saunders spoke regarding Section 18.52.110, lighting.
0:49:31 Motion and Vote to approve Section 18.52.110 as amended.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Section 18.52.110 as
amended.
Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:49:57 Mr. Saunders
Mr. Saunders spoke regarding Section 18.52.190, non conforming signs.
0:51:23 Motion and Vote to approve Section 18.52.190 as amended.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Section 18.52.190 as
amended.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:52:33 Mr. Saunders
Mr. Saunders spoke once again regarding the appeals process for signs.
0:58:00 Mr. Saunders
Mr. Saunders spoke regarding Section 18.62.010, incorporating references to the Board of
Adjustment.
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0:58:28 Motion and Vote to approve Section 18.62.010 as amended.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Section 18.62.010 as
amended.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:58:56 Mr. Saunders
Mr. Saunders spoke regarding Section 18.62.020, a consistency change.
0:59:13 Motion and Vote to approve Section 18.62.020, as amended.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Section 18.62.020, as
amended.
Those voting Ave being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:59:49 Mr. Saunders
Mr. Saunders spoke regarding Section 18.78.080, phasing site plans.
1:02:30 Motion and Vote to approve Section 18.78.080 as amended.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Section 18.78.080 as
amended.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
1:02:58 Mr. Saunders
Mr. Saunders spoke regarding Section 18.80.1655, lot coverage.
1:06:28 Motion and Vote to approve Section 18.80.1655 as amended.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Section 18.80.1655 as
amended.
Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
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The motion passed 5 -0.
1:06:54 Mr. Saunders
Mr. Saunders spoke regarding Section 18.80.3165, defining a way finding sign.
1:06:58 Motion and Vote to approve Section 18.80.3165 as amended.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve Section 18.80.3165 as
amended.
Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
1:08:01 Motion and Vote to provisionally adopt Ordinance No. 1769, Amending Title 18,
Unified Development Ordinance as amended.
It was moved by Cr. Bryson, seconded by Cr. Rupp to provisionally adopt Ordinance No.
1769, Amending Title 18, Unified Development Ordinance as amended.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
1:08:41 2. Memorandum of Agreement (MOA) between the Friends of the Story
Mansion (FOS) and the City of Bozeman (Kukulski)
1:09:04 Chuck Winn, Assistant City Manager
Mr. Winn gave the staff presentation regarding the Memorandum of Agreement (MOA) between
the Friends of the Story Mansion (FOS) and the City of Bozeman. He pointed out the area
regarding the operation of the Story Mansion and the addition of duration of the contract.
1:10:35 Cr. Bryson
Cr. Bryson spoke regarding branding and naming rights.
1:13:12 Cr. Rupp
Cr. Rupp spoke regarding the attorney fees.
1:14:38 Jane Klockman, President of the Friends of the Story Mansion
Ms. Klockman spoke in support of the Commission approving the MOA. This will benefit the
Community. This will give the "Friends" a foundation. They then can get pledges for raising
funds. She spoke regarding the different events that have taken place in the Mansion.
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Linked Minutes of the Bozeman City Commission, December 14, 2009
1:20:59 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:21:26 Motion to authorize the City Manager to sign the Memorandum of Agreement
between the City and the Friends of the Story with the change to Section 9 Attorney Fees
adding that the legal expenses are borne by the individual parties.
It was moved by Cr. Rupp, seconded by Cr. Becker to authorize the City Manager to sign
the Memorandum of Agreement between the City and the Friends of the Story with the
change to Section 9 Attorney Fees adding that the legal expenses are borne by the
individual parties.
1:29:36 Amendment to the Main Motion to amend to the 5th Whereas by striking
"...including development of the property as an educational, cultural and social center" and
insert: "in compliance with all applicable zoning and planning regulations".
It was moved by Cr. Krauss to amend to the 5th Whereas by striking "...including-
development of the property as an educational, cultural and social center" and insert: "in
compliance with all applicable zoning and plannin reg-ulations
1:30:43 Amendment to the Main Motion seconded to amend the 5th Whereas by striking
"...including development of the property as an educational, cultural and social center" and
insert: "in compliance with all applicable zoning and planning regulations".
Cr. Bryson seconded the motion to amend the 5th Whereas by striking "...including-
development of the property as an educational, cultural and social center" and insert: "in
compliance with all applicable zoning and planning- reg-ulations
1:32:06 Vote on the Amendment to the Main Motio to amend the 5th Whereas by striking
"...including development of the property as an educational, cultural and social center" and
insert: "in compliance with all applicable zoning and planning regulations".
Those voting Aye being Crs. Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being Cr. Becker.
The motion passed 4 -1.
1:35:17 Amendment to the Main Motion to add to 4. A. "that the City ofBozeman will make
all decisions regarding the matters in 4. A.
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It was moved by Cr. Krauss, seconded by Cr. Bryson to add to 4. A. "that the City of
Bozeman (changed front City Commission) will make all decisions reeardin,- the matters in 4.
A."
1:38:00 Stacy Ulmen, City Clerk
Ms. Ulmen read back the motion.
1:38:30 Cr. Bryson
Cr. Bryson reiterated his second to the motion to add to 4. A. "that the City of Bozeman will
make all decisions re- ardinQ the matters in 4. A."
1:41:18 Vote on the Amendment to the Main Motion to add to 4. A. "that the City of
Bozeman will make all decisions regarding the matters in 4. A.
Those voting Ave being Crs. Krauss, Bryson, Rupp, and Becker.
Those voting No being Mayor Jacobson.
The motion passed 4 -1.
1:45:45 Amendment to the Main Motion to add to sentence 5 B. "FOS shall have the right
of /irst refusal to operate The Story" inserting: "providing that the Friends of the Story make
a competitive and credible offer following the 1st sentence in 5. B.
It was moved by Cr. Krauss, seconded by Cr. Bryson to add to sentence 5 B. "FOS shall
have the right of first refusal to operate The Story" inserting: "providing that the Friends of
the Story make a competitive and credible offer following the 1st sentence in 5. B.
1:48:48 Vote on the Amendment to the Main Motion to add to sentence 5 B. "FOS shall
have the right of first refusal to operate The Story" inserting: "providing that the Friends of
the Story make a competitive and credible offer following the 1st sentence in 5. B.
Those voting Ave being Crs. Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion passed 4 -1.
1:49:18 Vote on the Main Motion as Amended to authorize the City Manager to sign the
Memorandum of Agreement between the City and the Friends of the Story with the change
to Section 9 Attorney Fees adding that the legal expenses are borne by the individual
parties.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
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Linked Minutes of the Bozeman City Commission, December 14, 2009
1:49:50 Break
Mayor Jacobson declared a break.
2:06:13 3. Downtown Bozeman Neighborhood Plan Growth Policy Amendment
Application No. P -09011 (Opened and Continued from November 9, 2009) (Bristor)
2:06:34 Motion and Vote to reopen this item.
It was moved by Cr. Becker, seconded by Cr. Bryson to reopen this item.
Those voting Ave being Crs. Becker, Bryson, Rupp, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
2:07:12 Allyson Bristor, Assistant Planner
Ms. Bristor gave the staff presentation regarding the Downtown Bozeman Neighborhood Plan
Growth Policy Amendment Application No. P- 09011.
2:24:55 Mr. Sullivan
Mr. Sullivan reminded the Commission that this is a legal process and that there is specific
criteria that must be considered.
2:25:30 Chris Naumann, Executive Director of the Downtown Bozeman Partnership /Applicant
Mr. Naumann spoke regarding the consulting team that included a LEED firm, an economic
consultant, a historic architect and an engineering group involved in the project. The project area
was based on the boundaries of the Tax Increment Financing district. He spoke regarding the
intent of the plan which focuses on economic development. He spoke regarding the downtown
parking. He highlighted the revisions to the plan. He pointed out what the next steps and
completion goals with the plan.
2:39:07 Public Comment
Mayor Jacobson opened public comment.
2:39:25 David Loseff. Public Comment
Mr. Loseff of Baxter of105 West Main spoke regarding the regional hub, the removal of parking
lots, and the transformers in the alleys blocking the view shed. He spoke regarding infrastructure.
There needs to be coordination.
2:43:06 JeffMilchen, Public Comment
Mr. Milchen of 222 South Black Ave stated that he is a downtown resident and works with
communities around the country. This is visionary but practical. He spoke regarding parking
issues. He expressed his thanks to those who put this together.
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2:45:34 Public Comment closed.
Mayor Jacobson closed public comment.
2:45:42 Cr. Krauss
Cr. Krauss spoke regarding the number of lanes on Main Street, going from 4 to 3 lanes.
2:46:47 Mr. Naumann
Mr. Naumann stated that there is nothing in the plan to change number of lanes on Main Street.
2:47:13 Cr. Krauss
Cr. Krauss spoke regarding bicycle lanes.
2:47:25 Mr. Naumann
Mr. Naumann stated that there needs to be more study regarding bike lanes including lane
widths.
2:48:10 Cr. Krauss
Cr. Krauss spoke regarding the regional hub. He spoke regarding parking opportunities for
recreation vehicles parking downtown.
2:48:52 Mr. Naumann
Mr. Naumann stated that there are not any designated areas for RV parking. He spoke regarding
parking on Main Street and improvements planned within the plan.
2:50:36 Cr. Krauss
Cr. Krauss spoke regarding bringing cars downtown and upgrades to main arterials.
2:51:58 Cr. Krauss
Cr. Krauss spoke regarding height of buildings downtown.
3:00:50 Cr. Krauss
Cr. Krauss asked if the plan was finished prior to the downtown explosion.
3:00:58 Mr. Naumann
Mr. Naumann stated that the consultant was scheduled to do some of their research the week the
incident occurred.
3:01:19 Cr. Krauss
Cr. Krauss asked if the site was specifically addressed in the plan for redevelopment.
3:01:27 Mr. Naumann
Mr. Naumann stated it was only used as an example.
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3:03:29 Cr. Bryson
Cr. Bryson thanked everyone for the work that has been done to put into this effort. He spoke
regarding prohibiting large vehicles downtown and alleys. He questioned the ability of
deliveries for downtown businesses.
3:04:09 Mr. Naumann
Mr. Naumann stated that the large truck prohibition is specific to through truck traffic. He spoke
regarding alley access and proposed improvements.
3:05:57 Cr. Bryson
Cr. Bryson spoke regarding the entities involved in making policy changes.
3:06:43 Mr. Naumann
Mr. Naumann spoke regarding the different downtown organizations and their involvement.
3:07:33 Cr. Bryson
Cr. Bryson urged that the organizations engage in the tough political discussions with the
Commission so that they can implement the policies that are in the plan.
3:07:47 Mr. Naumann
Mr. Naumann spoke regarding the funding sources regarding the plan.
3:08:18 Cr. Rupp
Cr. Rupp commended the groups on the work on the plan. He spoke regarding the downtown
parking and the parking commission involvement.
3:10:45 Cr. Rupp
Cr. Rupp spoke regarding the surface lots.
3:12:37 Cr. Rupp
Cr. Rupp spoke regarding Soroptomist Park.
3:13:43 Cr. Rupp
Cr. Rupp spoke regarding the roadways downtown.
3:17:03 Cr. Rupp
Cr. Rupp spoke regarding the transformers in the alley. He spoke regarding bicycle lanes.
3:19:21 Cr. Becker
Cr. Becker thanked for the assistance with the plan.
3:20:24 Mayor Jacobson
Mayor Jacobson spoke regarding downtown housing and urban core living.
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3:23:16 Motion to adopt and integrate the December 4, 2009 version of the "Downtown
Bozeman Improvement Plan" as a Neighborhood Plan under the City's Growth Policy.
It was moved by Cr. Becker, seconded by Cr. Krauss to adopt and integrate the December
4, 2009 version of the "Downtown Bozeman Improvement Plan" as a Neighborhood Plan
under the City's Growth Policy.
3:27:16 Cr. Krauss
Cr. Krauss spoke regarding the public comment, surface parking, and the transformers. Alleys
are where utilities are located. He spoke regarding his concern of not dealing with the explosion
area.
3:32:44 Mr. Epple
Mr. Epple spoke regarding the one way and two way street issue. This area needs further study.
3:38:20 Vote on the Motion to adopt and integrate the December 4, 2009 version of the
"Downtown Bozeman Improvement Plan" as a Neighborhood Plan under the City's
Growth Policy.
Those voting of g Ave being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
3:39:03 4. Fiscal Year 2009 Financial Audit Presentation (LaMeres)
3:39:09 Brian LaMeres, City Controller
Mr. LaMeres opened the staff presentation regarding the Fiscal Year 2009 Financial Audit.
3:40:20 Merrilee Glover, Junkermeir, Clark, Campanella Stevens, PC
Ms. Glover stated that the Audit Committee met to discuss the financials last Monday. She spoke
regarding the Certificate of Achievement award, the Auditor's Opinion, the statement of new
assets, liabilities, statement of activities, schedule of federal awards and internal control over
finances. There are clean opinions all around regarding the City's finances.
3:48:10 Cr. Krauss
Cr. Krauss emphasized that there were no comments, no internal control problems and no
material weaknesses listed regarding the audit which is great for an organization this size.
3:48:51 Cr. Bryson
Cr. Bryson spoke regarding assets and liabilities.
3:52:09 Cr. Becker
Cr. Becker spoke regarding the general fund.
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3:55:33 Mr. LaMeres
Mr. LaMeres spoke regarding the general fund total.
3:57:12 Motion and Vote to suspend the Rules to 10:30 p.m.
It was moved by Cr. Bryson, seconded by Cr. Krauss to suspend the Rules to 10:30 p.m.
Those voting Aye being Crs. Bryson, Krauss, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
3:57:33 Cr. Rupp
Cr. Rupp spoke regarding the enterprise fund.
3:59:47 Cr. Krauss
Cr. Krauss spoke regarding the retiree health insurance.
4:02:56 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
4:03:10 Motion to approve the Comprehensive Annual Financial Report (CAFR) and
Results of Financial Audit for Fiscal Year 2009 along with the Letter to Management from
Junkermier, Clark, Campenella, and Stevens, PC.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the Comprehensive
Annual Financial Report (CAFR) and Results of Financial Audit for Fiscal Year 2009
along with the Letter to Management from Junkermier, Clark, Campenella, and Stevens,
PC.
4:03:37 Mayor Jacobson
Mayor Jacobson recognized Controller Brian LaMeres and the Finance team for receiving a
Certificate of Achievement.
4:05:49 Mr. Kukulski
Mr. Kukulski thanked the finance team as well.
4:06:19 Vote on the Motion to approve the Comprehensive Annual Financial Report
(CAFR) and Results of Financial Audit for Fiscal Year 2009 along with the Letter to
Management from Junkermier, Clark, Campenella, and Stevens, PC.
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Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
4:06:30 5. American Legion Cultural Significance Sign Designation Certificate of
Appropriateness No. Z -09202 (Bristor)
4:06:57 Andy Epple, Planning Director
Mr. Epple gave the staff presentation regarding the American Legion Cultural Significance Sign
Designation Certificate of Appropriateness No. Z- 09202.
4:10:57 Kira Ogle of Legends Studio, Inc.
Ms. Ogle stated that she is with the design company who is assisting with designing the building.
4:11:12 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
4:11:25 Motion and Vote to approve the American Legion Cultural Significance Sign
Designation Certificate of Appropriateness No. Z -09202 and give staff direction to make
sure that this happens with all rebuilt buildings in the same blast area.
It was moved by Cr. Bryson, seconded by Cr. Krauss to approve the American Legion
Cultural Significance Sign Designation Certificate of Appropriateness No. Z -09202 and
give staff direction to make sure that this happens with all rebuilt buildings in the same
blast area.
Those voting Ave being Crs. Bryson, Krauss, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
4:12:39 Cr. Bryson
Cr. Bryson asked for a clarification on conflict of interest in the next discussion.
4:12:47 Mr. Sullivan
Mr. Sullivan stated that he does not have a conflict of interest
4:13:03 6. Discussion Regarding Appointment to the City Commission (Kukulski)
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4:13:37 Mr. Sullivan
Mr. Sullivan opened the discussion regarding an appointment to the City Commission due to Cr.
Bryson's pending resignation. This is a political issue for the Commission. He highlighted the
main procedural requirements.
4:18:05 Cr. Bryson
Cr. Bryson stated that it is his intention to submit a letter of resignation on the 11th of January.
4:18:34 Mr. Sullivan
Mr. Sullivan spoke regarding the time frame on the resignation.
4:18:49 Cr. Krauss
Cr. Krauss asked if we can start advertising for the vacancy.
4:19:24 Mr. Sullivan
Mr. Sullivan suggested that the more extensive the process you have the better the process will
be.
4:20:35 Cr. Rupp
Cr. Rupp spoke regarding the appointment time frame of 30 days. He spoke about asking for
requests for qualifications.
4:21:52 Mayor Jacobson
Mayor Jacobson announced that Commissioners Elect Mehl and Taylor have been seated at the
dais for this discussion.
4:22:25 Mr. Chris Mehl, Commissioner Elect
Mr. Mehl spoke about encouraging an open process and urged that we start the process now. The
incoming Commission could develop criteria that would be applied to the candidates.
4:23:54 Mr. Carson Taylor, Commissioner Elect
Mr. Taylor suggested that there be an application instead of just a name. He suggested that a
couple of questions asking why they want to be on the Commission and their experience should
be asked.
4:25:07 Cr. Krauss
Cr. Krauss urged that the vacancy be advertised in the local paper and media sources.
4:25:57 Cr. Becker
Cr. Becker spoke regarding the deadline for the applications.
4:26:42 Mr. Mehl
Mr. Mehl stated that he hopes that the communication will be through the Clerk so that it is
public.
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4:27:55 Mr. Taylor
Mr. Taylor spoke in regards to the cutoff of applications compared to when the resignation is
legally in effect.
4:28:14 Mr. Sullivan
Mr. Sullivan reiterated that there needs to be adequate time for the public to participate.
4:28:51 Cr. Krauss
Cr. Krauss spoke regarding the timeline.
4:31:27 Cr. Krauss
Cr. Krauss suggested going 2 weeks after the applications are closed.
4:32:08 Mayor Jacobson
Mayor Jacobson asked if the Commission was interested in holding any kind of a public forum.
4:36:08 Motion and Vote to Suspend to Rules until 11 p.m.
It was moved by Cr. Bryson, seconded by Cr. Krauss to suspend the rules until 11 p.m.
Those voting Aye being Crs. Bryson, Krauss, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
4:38:50 Cr. Bryson
Cr. Bryson suggested that he turn in his resignation tomorrow and write that it is effective on
January 11 th in order to get the process moving along.
4:43:31 Mayor Jacobson
Mayor Jacobson recommended that at least one televised forum take place.
4:44:07 Mr. Sullivan
Mr. Sullivan stated that if a candidate forum takes place, it needs to be carefully structured. Wait
and see how many people apply first.
4:45:03 Mayor Jacobson
Mayor Jacobson suggested that the League of Women voters assist with a forum.
4:48:03 Motion to direct staff to immediately begin to advertising for the potential vacancy
of Cr. Bryson, advertise as we would with a normal job in terms of the newspaper,
television whatever is available, specifically that we ask the questions of what are your
qualifications and why are you interested in the job and advertise until noon on Friday,
January 15th.
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Linked Minutes of the Bozeman City Commission, December 14, 2009
It was moved by Cr. Rupp, seconded by Cr. Krauss to direct staff to immediately begin to
direct staff advertising for the potential vacancy of Cr. Bryson, advertise as we would with
a normal Job in terms of the newspaper, television whatever is available, specifically that
we ask the questions of what are your qualifications and why are you interested in the job
and advertise until noon on Friday, January 15
4:50:50 Vote on the Motion to direct staff to immediately begin to advertising for the
potential vacancy of Cr. Bryson, advertise as we would with a normal job in terms of the
newspaper, television whatever is available, specifically that we ask the questions of what
are your qualifications and why are you interested in the job and advertise until noon on
Friday, January 15th.
Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
4:51:59 Consent No. 8. Approve First Addendum to December 4, 2006 Employment
Agreement with Chris A. Kukulski (Sullivan/Ulmen)
Mayor Jacobson stated that this item was taken off of the Consent Agenda.
4:52:59 Motion and Vote to table this item until December 21st.
It was moved by Cr. Krauss, seconded by Cr. Bryson To table this item until December
21st.
Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
4:54:13 H. FYI /Discussion
4:54:16 1. Hate Free Bozone
Mayor Jacobson pointed out the Hate Free Bozone flyer in the local newspaper that included the
Hate Free Resolution that the Commission passed in November. This is a great community
support.
4:55:27 2. Joint City County Meeting on Friday, December 18th
Ms. Ulmen reminded the Commission about this meeting on Friday, December 18th at 7 a.m. at
the County.
4:56:05 3. December 21st Commission Meeting
This meeting will occur with only one action agenda item.
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Linked Minutes of the Bozeman City Commission, December 14, 2009
4:56:06 4. Reminder that City offices are closed at noon on December 24th.
4:56:18 5. Andy Epple, City Planner
Mr. Kukulski stated that Mr. Epple has 22 years of service with the City. There is an open house
for him at the Library on the 30th.
4:58:01 6. Representative on the County Board of Health
Cr. Bryson updated the Commission on the process of a Health Director.
4:58:44 7. January 4th start time of 5:30 p.m.
Cr. Krauss stated that he would like to start the January 4th meeting at 5:30 p.m.
5:00:02 8. HRDC County, Affordable Housing
Cr. Rupp stated that soon a partnership between HRDC, the County and the City will be
announce in regards to affordable housing.
5:01:22 I. Adjournment
Mayor Jacobson adjourned the meeting at 11:09 p.m.
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