HomeMy WebLinkAbout12-28-09 Minutes, City Commission Zj Z
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 28, 2009
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, December 28, 2009. Present were Mayor Kaaren Jacobson, 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, Planning Director Andy
Epple and City Clerk Stacy Ulmen.
*Please refer to the audio recording of this meeting for additional detail
0:09:24 A. Call to Order Regular Session —12:00 p.m. Commission Room, City Hall,
121 N. Rouse
Mayor Jacobson called the meeting to order at 12:04 p.m.
0:09:27 B. Pledge of Allegiance and a Moment of Silence
0:09:57 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:10:03 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes.
0:10:07D. Authorize Absence of Cr. Becker
0:10:13 Motion and Vote to authorize the absence of Cr. Becker.
It was moved by Cr. Rupp, seconded by Cr. Krauss to authorize the absence of Cr. Becker.
Those voting Aye being Crs. Rupp, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 4 -0.
0:10:28E. Minutes —Special Meeting November 12, 2009, Regular Meeting November
23, 2009 and Policy Meeting December 3, 2009
Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009
0:10:40 Motion and Vote to approve the minutes of the Special Meeting November 12, 2009,
Regular Meeting November 23, 2009 and Policy Meeting December 3, 2009.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the minutes of the Special
Meeting November 12, 2009, Regular Meeting November 23, 2009 and Policy Meeting
December 3, 2009 as submitted.
Those voting Ave being Crs. Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 4 -0.
0:11:22 Cr. Bryson
Cr. Bryson stated that he is not supposed to vote on the resignation item on the Consent Agenda.
0:12:05 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the purchase of Versacourt Tennis Court System for Bogert Tennis
Courts (White)
3. Authorize City Manager to sign Snow Removal Contracts for Facility related
Parking Lots (Goehrung)
4. Approve request from D D Palmer LLC for a Six Month Extension to the
Woodhaven Village Planned Unit Development, Final Site Plan approval as
allowed under Section 18.36.060.13.2 of the Bozeman Municipal Code (Riley)
5. Approve Beer and Wine and Liquor License Renewals for 2010 (Neibauer)
6. Approve Special Permit for Bridger Clinic Inc. to sell Beer and Table Wine for
the Sweet Tooth Ball Fundraiser at 111 S. Grand Avenue on February 5, 2010
(Neibauer)
7. Award Bid to Ingram- Clevenger, Inc. for the Reinforcement and Insulation of the
Filter Room Roof at the Bozeman Swim Center (Goehrung)
8. Finally Adopt Ordinance No. 1769, Amending Title 18, Bozeman Municipal
Code, Unified Development Ordinance (Saunders)
9. Finally Adopt Ordinance No. 1775, Amending Chapter 2.01, Bozeman Municipal
Code (Code of Ethics) to include Provisions related to Improper Governmental
Action and Others (Sullivan)
10. Accept Commissioner Bryson's Resignation from Office of Bozeman City
Commissioner (Sullivan)
0:12:08 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009
0:12:17 Motion to approve Consent Items 1 -9.
It was moved by Cr. Bryson to approve Consent Items 1 -9. (Later failed due to a lack of a
second
0:12:36 Cr. Krauss
Cr. Krauss spoke regarding the items on the Consent agenda which involve stimulus money.
0:13:00 Cr. Rupp
Cr. Rupp spoke regarding the signs and barber pole issues in regards to the Unified Development
Ordinance.
0:13:26 Mr. Sullivan
Mr. Sullivan explained that he felt that there was not sufficient notice to the Public regarding the
barber pole sign amendment to take action upon today.
0:13:58 Mr. Sullivan
Mr. Sullivan explained that the notice was specific provisions in the UDO and did not call out
that provision.
0:14:12 Mr. Sullivan
Mr. Sullivan explained that the barber pole signs will need to be included as a comprehensive
review of the sign code or direction to staff could be given.
0:15:10 Motion to approve Consent Item 1 -7 9.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve Consent Item 1 -7 9.
0:15:25 Stacy Ulmen, City Clerk
Ms. Ulmen clarified that the original motion that was made by Cr. Bryson failed due to a
lack of a second.
0:15:35 Vote on the Motion to approve Consent Item 1 -7 9.
Those voting Aye being Crs. Rupp, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 4 -0.
0:15:41 Motion and Vote to approve Consent Item F. 10.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve Consent Item F. 10.
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Linked Minutes of the Bozeman City Commission Meeting, December 2B, 2009
Those voting Ave being Crs. Rupp, Krauss and Mayor Jacobson.
Those voting No being None.
Those abstaining being Cr. Bryson.
The motion passed 3 -0.
0:16:02 Motion to finally adopt Ordinance No. 1769, Amending Title 18, Bozeman
Municipal Code, UDO.
It was moved by Cr. Krauss, seconded by Cr. Bryson to (Consent Item 8.) Finally adopt
Ordinance No. 1769, Amending Title 18, Bozeman Municipal Code, UDO.
0:16:20 Cr. Bryson
Cr. Bryson believes that the sign item has been properly noticed.
0:17:19 Vote on the Motion to finally adopt Ordinance No. 1769, Amending Title 18,
Bozeman Municipal Code, UDO.
Those voting Ave being Crs. Krauss, Bryson and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion passed 3 -1.
0:17:46 Andy Epple, City Planner
Mr. Epple stated that he is aware that this is in regards to barber poles. This item can be revisited
and that is the intent. Planning is prepared to work on barber poles.
0:19:21 Motion to direct staff to concentrate not only on the barber pole prohibition but
also on some of the other sign issues that were brought up in the discussion and bring us
back a report in January.
It was moved by Cr. Krauss, seconded by Cr. Bryson to direct staff to concentrate not only
on the barber pole prohibition but also on some of the other sign issues that were brought
up in the discussion and bring us back a report in January.
0:19:45 Cr. Bryson
Cr. Bryson stated that on the context of a larger sign discussion, and as this body has discussed
and addressed some of the issues, he hopes that we do not have to go through the whole system
of routing it through the Advisory Boards that may have some input before it gets to the
Commission in a finished project form so that the Commission does not get the opportunity to
reflect back on what they are doing without starting the process over. This would be 2
processes: First; the Commission will take action regarding the things that they find out of touch
with the policy direction that they want to implement and second; conduct a more extensive
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Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009
comprehensive review. We don't always have to wait for the end result to be hamstrung into a
decision that we may not be comfortable with.
0:20:41 Cr. Krauss
Cr. Krauss stated that it might be that after the Commission reviews it, it can go to the Boards.
0:23:11 Cr. Bryson
Cr. Bryson stated that direction has been given by this Commission and there is a charge to look
at a more comprehensive review in the future.
0:24:23 Cr. Rupp
Cr. Rupp stated that another issue is that the appeals process needs to be clarified.
0:25:08 Vote on the Motion to direct staff to concentrate not only on the barber pole
prohibition but also on some of the other sign issues that were brought up in the discussion
and bring us back a report in January.
Those voting Ave being Crs. Krauss, Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 4 -0.
0:25:45 G. Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:26:03 Debbie Arkell, Public Comment
Ms. Arkell announced that this is Planning Director Epple's last meeting after 22 years of
service.
0:26:43 Public Comment closed
Mayor Jacobson closed public comment.
0:26:47 H. Action Items
0:26:47 1. Water Reclamation Facility Administration and Lab Building Notice of Award
(Murray)
0:26:58 Bob Murray, City Engineer
Mr. Murray gave the staff presentation regarding Water Reclamation Facility Administration and
Lab Building Notice of Award. Mr. Murray stated that this project was bid around a year ago.
The bids came in over budget. This item was rebid and bids were opened on December 15th.
The motion needs to be made contingent on State Revolving Fund approval.
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Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009
0:37:07 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:37:30 Cr. Rupp
Cr. Rupp spoke regarding the fiscal effects and the contingency fund.
0:38:03 Anna Rosenberry, Finance Director
Mr. Rosenberry spoke regarding the contingencies.
0:39:23 Motion and Vote to approve and authorizing the City Manager to sign the notice of
award to Williams Brother Construction, LLC in the amount of $1,680,000.00 contingent
upon SRF program approval.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve and authorizing the City
Manager to sign the notice of award to Williams Brother Construction, LLC in the amount
of $1,680,000.00 contingent upon SRF program approval.
Those voting Ave being Crs. Rupp, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 4 -0.
0:39:56 L FYI /Discussion
0:39:57 1. January 4th Meeting Start time moved to 6:30 p.m.
Cr. Krauss stated that he would like to begin the meeting at 6:30 p.m. instead of 5:30 p.m. as
previously discussed.
0:40:42 2. Andy Epple
Mr. Kukulski stated that City Planner Andy Epple is retiring after 22 years and there is an open
house at the City Library on Wednesday from 4 -6 p.m. Mr. Kukulski thanked Mr. Epple for his
service. Mr. Epple stated that he will be taking many wonderful memories with him.
0:42:01 Executive Session
Mayor Jacobson announced that the meeting will be closed for an Executive Session.
0:42:09 The Regular Meeting was adjourned at 12:35 p.m. and then the Executive Session
was called to order.
A separate set of Minutes for the Executive Session have been prepared.
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Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009
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