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HomeMy WebLinkAboutDecember 14, December 21 and December 28, 2009 Minutes.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager SUBJECT: Approval of December 2009 Regular Meeting Minutes MEETING DATE: February 8, 2010 MEETING TYPE: Minutes for Approval RECOMMENDATION: Approve the Minutes from the Regular Commission Meetings of December 14, 21, and 28, 2009. BACKGROUND: The December Regular Meeting Minutes were completed in early January 2010. At that time two new Commission members were seated. Prior Commission members Eric Bryson, Jeff Rupp and Mayor Kaaren Jacobson were contacted to review these minutes. Crs. Bryson and Rupp signed off with their approval therefore the majority from the prior Commission have seen them. Executive Session Minutes from December also remain and are expected to be completed within the next two weeks and again the prior Commission members will be contacted for their review. These will then be brought to you for approval. Please approve these Regular Meeting Minutes as submitted. ALTERNATIVES: As suggested by the City Commission. 8 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. 9 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 2 of 21 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. 10 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 3 of 21 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 Aye 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 Aye 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. 0:16:10 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) 11 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 4 of 21 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 Aye 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 Aye 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 Aye 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. 12 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 5 of 21 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 Aye 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 Aye 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. 13 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 6 of 21 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 Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 14 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 7 of 21 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 Aye 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 Aye 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. 15 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 8 of 21 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 Aye 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 Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. 16 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 9 of 21 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 Aye 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. 17 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 10 of 21 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 planning regulations". 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 regulations". 1:32:06 Vote on the Amendment to the Main 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 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 of Bozeman will make all decisions regarding the matters in 4. A." 18 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 11 of 21 It was moved by Cr. Krauss, seconded by Cr. Bryson to add to 4. A. "that the City of Bozeman (changed from City Commission) will make all decisions regarding 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 regarding 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 Aye 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 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. 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 Aye 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 Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 19 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 12 of 21 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 Aye 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 Jeff Milchen, 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. 20 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 13 of 21 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. 21 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 14 of 21 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. 22 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 15 of 21 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 Aye 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. 23 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 16 of 21 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. 24 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 17 of 21 Those voting Aye 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 Aye 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) 25 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 18 of 21 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. 26 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 19 of 21 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 11th 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. 27 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 20 of 21 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 15th 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 Aye 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. 28 Linked Minutes of the Bozeman City Commission, December 14, 2009 Page 21 of 21 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. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 29 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 21, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, December 21, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. *Please refer to the audio recording of this meeting for additional detail 0:01:53 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order at 6:05 p.m. 0:01:55 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. 0:02:36 Chris Kukulski, City Manager Mr. Kukulski stated that there were not any changes to the agenda. 0:02:40 D. Minutes – Executive Session Minutes from November 23, 2009 0:02:50 Motion and Vote to approve (the Executive Session Minutes from November 23, 2009). It was moved by Cr. Rupp, seconded by Cr. Becker to approve (the Executive Session Minutes from November 23, 2009). Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 30 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 2 0:03:02 E. Consent 1. Authorize Payment of Claims (LaMeres) 0:03:08 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:03:25 Motion and Vote to approve Consent Item 1. It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Item 1. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:03:40 F. Public Comment Mayor Jacobson opened public comment. 0:03:58 Shatan Braziel, Public Comment Mr. Braziel of 17 West Lamme introduced himself to the Commission. (He has turned in a statement for the Commission Vacancy). 0:04:30 Public Comment Closed Mayor Jacobson closed public comment. 0:04:34 G. Action Items 0:04:35 1. Decision on First Addendum to the December 4, 2006 Employment Agreement between the City of Bozeman and Chris A. Kukulski (Sullivan) 0:04:58 Greg Sullivan, City Attorney Mr. Sullivan stated that a couple of weeks ago the Commission discussed the City Manager's contract and asked that an amendment to extend the contract be drafted. He has reviewed the contract and compared it to the Charter. The Charter states that the City Manager shall be appointed with an indefinite term. He spoke regarding proposed changes including severance. 0:06:31 Cr. Bryson Cr. Bryson spoke regarding severance amendment and the expiration of the contract itself. 0:06:48 Mr. Sullivan Mr. Sullivan stated that the Commission can rearrange the contract however they see fit. 31 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 3 0:07:40 Santa Visit At this time Santa interrupted the Commission Meeting and handed out candy canes. 0:15:17 Cr. Krauss Cr. Krauss spoke regarding the raises over the last two years. 0:15:43 Mr. Kukulski Mr. Kukulski spoke regarding the merit increases. This past year, he requested that there not be an increase. 0:16:24 Cr. Krauss Cr. Krauss spoke regarding the proposal of reviewing the contract prior to June 30, 2011. 0:16:40 Mr. Sullivan Mr. Sullivan stated that he added the date to the draft based upon prior discussions. 0:17:08 Cr. Krauss Cr. Krauss spoke regarding the indefinite phrase. 0:17:43 Mr. Kukulski Mr. Kukulski spoke regarding the present contract that is in place and the severance. It is a 12 month period. 0:18:45 Cr. Krauss Cr. Krauss stated that he negotiated this contract at its beginning. 0:18:54 Cr. Krauss Cr. Krauss stated that he is struggling with the severance issue because without expiration to the contract, we are on the hook for a year no matter what. 0:19:32 Mr. Sullivan Mr. Sullivan spoke regarding section 9, as to when the severance occurs. 0:21:47 Cr. Bryson Cr. Bryson spoke regarding the Charter provisions and the negotiation of a new contract. 0:22:14 Mr. Kukulski Mr. Kukulski spoke regarding inconsistencies in the contract when comparing it to the Charter. 0:24:37 Cr. Bryson Cr. Bryson spoke regarding a 6 month termination clause. 32 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 4 0:24:48 Mr. Kukulski Mr. Kukulski spoke regarding the background related to severance. He stated if the Commission wants to change this, he is open to finding a way that works. 0:29:13 Cr. Rupp Cr. Rupp stated that there is some work that needs to be done regarding tying a point and time to June 30th. 0:29:59 Mr. Sullivan Mr. Sullivan stated that he is not in the position of negotiating specific terms this evening. 0:32:15 Cr. Rupp Cr. Rupp spoke regarding modifying the contract because of the Charter and tying in the June 30th date. The issue is the severance. 0:33:09 Cr. Becker Cr. Becker spoke regarding timeline of reducing severance pay. We should put in our recommendations on this contract. He would like to do this now. 0:34:24 Cr. Krauss Cr. Krauss there should be some point and time where we can say that we are not going to renew. 0:36:49 Cr. Rupp Cr. Rupp spoke regarding annual reviews and the possibility of an open ended contract. 0:37:21 Mr. Sullivan Mr. Sullivan spoke regarding the annual performance evaluation clause which is different from the review of the contract provision. 0:37:42 Mr. Kukulski Mr. Kukulski spoke regarding the evaluation process that has taken place in the past. 0:39:39 Mr. Kukulski Mr. Kukulski spoke regarding termed contracts vs. non-termed contracts. 0:40:36 Cr. Krauss Cr. Krauss spoke regarding his dislike of an indefinite contractual term. 0:42:42 Cr. Bryson Cr. Bryson spoke regarding limiting times for review of the contract. 33 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 5 0:44:52 Cr. Krauss Cr. Krauss stated that he is having a hard time having a contract that is not tied to a performance review. 0:45:06 Mayor Jacobson Mayor Jacobson wondered why the performance review can't coincide with the review of the contract. 0:45:38 Mr. Sullivan Mr. Sullivan reiterated that severance only kicks in at termination. 0:46:56 Cr. Krauss Cr. Krauss suggested that before the contract is amended there should be a mutual agreement. 0:48:17 Cr. Krauss Cr. Krauss stated that if action would be taken tonight, they would be in breach of the contract. 0:48:25 Mr. Sullivan Mr. Sullivan stated that it would not be effective unless the City Manager agreed to the amendments. 0:50:36 Cr. Becker Cr. Becker stated that the appointment is different than the evaluation. 0:51:39 Mr. Sullivan Mr. Sullivan stated that the Charter does not require that a contract be in place before appointing a City Manager. 0:52:32 Cr. Rupp Cr. Rupp suggested just letting the contract expire. 0:53:29 Cr. Krauss Cr. Krauss stated that there is a need for a mutual agreement; the contract needs to be negotiated. 0:53:54 Mr. Kukulski Mr. Kukulski stated that his desire to continue as the City Manager and stated that he is happy to negotiate the contract. 0:54:57 Cr. Krauss Cr. Krauss stated that this is about the contract and the Charter. 0:57:30 Mayor Jacobson Mayor Jacobson stated that the performance evaluation is to be conducted on the anniversary date. We have been out of sync with this. 34 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 6 0:58:10 Mayor Jacobson Mayor Jacobson stated that if the original contract is maintained, there needs to be an annual evaluation every June 30th and at that time it could be decided to continue the term even though a term cannot be set. 0:58:43 Cr. Krauss Cr. Krauss stated that it seems ridiculous to never renegotiate a contract. 1:00:02 Mayor Jacobson Mayor Jacobson stated that it seems that we are stuck with a rolling contract that gets looked at every year. 1:01:54 Mr. Sullivan Mr. Sullivan spoke regarding the length of the severance and stated that the Commission has the ability to negotiate the time period with the City Manager. 1:02:24 Cr. Rupp Cr. Rupp wants things clearly written in the contract. 1:05:47 Mr. Sullivan Mr. Sullivan spoke regarding Section 9. 1:07:04 Cr. Bryson Cr. Bryson spoke regarding separating the issues of employment and the contract. 1:08:29 Cr. Bryson Cr. Bryson stated that the employment arrangement is what is different under the Charter. 1:10:00 Cr. Rupp Cr. Rupp stated that any contract should have an annual performance review. 1:11:37 Cr. Becker Cr. Becker spoke regarding the possibility of adding to the Ballot a change to the Charter in order to set a term date for the City Manager’s contract. 1:14:00 Motion to approve the Council recommendation that the parties will review the contract prior to June 30, 2011. It was moved by Cr. Rupp to approve the Council recommendation that the parties will review the contract prior to June 30, 2011. 1:14:33 Cr. Rupp Cr. Rupp clarified that the motion is to approve all of the recommendations under section 1. 35 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 7 1:14:46 Motion Seconded to approve all amended provisions per recommendation of Council. Cr. Becker seconded the motion. 1:14:56 Cr. Bryson Cr. Bryson stated that he is confused and that it was his understanding to evaluate the performance and not the provisions in the contract. 1:19:25 Cr. Rupp Cr. Rupp stated that he remains convinced that the contract should expire on June 30, 2010 and then be negotiated. 1:23:48 Mr. Kukulski Mr. Kukulski pointed out within the Contract Section1. Term B. stating: "Should the Employee desire to modify or extend this agreement, employee shall serve notice of proposed modifications no less than 180 days prior to expiration of this agreement". Mr. Kukulski stated that it is his desire to do this. 1:27:33 Amendment to the Main Motion to include a modification to section 12, Performance Evaluation that clearly states that this is to take place on June 30th of each year. It was moved by Cr. Rupp to include a modification to section 12, Performance Evaluation that clearly states that this is to take place on June 30th of each year. 1:37:22 Motion Withdrawn Cr. Rupp withdrew his motions to approve the Council recommendation that the parties will review the contract prior to June 30, 2011 and to include a modification to section 12, Performance Evaluation that clearly states that this is to take place on June 30th of each year. 1:37:36 Motion to ask Cr. Krauss and Cr. Becker to engage in contract negotiations with the City Manager per his request and notice that he is ready to entertain contract negotiations. It was moved by Cr. Bryson, seconded by Cr. Krauss to ask Cr. Krauss and Cr. Becker to engage in contract negotiations with the City Manager per his request and notice that he is ready to entertain contract negotiations. 1:38:30 Vote on the Motion to ask Cr. Krauss and Cr. Becker to engage in contract negotiations with the City Manager per his request and notice that he is ready to entertain contract negotiations. 36 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 8 Those voting Aye being Crs. Bryson, Krauss, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 1:38:54 Mayor Jacobson Mayor Jacobson asked the Commission if it was their desire to continue discussion of the performance evaluation. She asked Mr. Kukulski if he wished to invoke his right to privacy. 1:39:13 Mr. Kukulski Mr. Kukulski stated that he would be would like the future Commissioners in the room. 1:40:24 Mayor Jacobson Mayor Jacobson stated that under state law, the City Manager has the right to invoke privacy to go into Executive session. She asked how the other Commissioners felt about Commissioner Elect Mehl staying in the room. 1:40:42 Cr. Krauss Cr. Krauss stated that he is good as long as it does not interfere with the right of privacy. 1:41:24 Mayor Jacobson Mayor Jacobson stated that privacy demands far exceed the public's right to know and this session is closed. 1:41:56 Stacy Ulmen, City Clerk Ms. Ulmen requested a small break to move into the Executive Session. 1:42:05 Break Mayor Jacobson declared a break and then went into Executive Session at 7:47 p.m. A separate set of Minutes for the Executive Session have been prepared. Mayor Jacobson then reopened the Regular Meeting and adjourned at 9:03 p.m. ____________________________________ Jeffrey K. Krauss, Mayor 37 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 9 ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 38 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. 0:10:07 D. 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. 0:10:28 E. Minutes – Special Meeting November 12, 2009, Regular Meeting November 23, 2009 and Policy Meeting December 3, 2009 39 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 2 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 Aye 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.B.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. 40 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 3 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. 41 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 4 Those voting Aye 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 Aye 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 42 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 5 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 Aye 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. 43 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 6 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 Aye being Crs. Rupp, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 0:39:56 I. 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. 44 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 7 ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 45