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HomeMy WebLinkAboutJanuary 19, 2010 Minutes.pdf 1 of 12 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 19, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Tuesday, January 19, 2010. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan, Finance Director Anna Rosenberry and Deputy City Clerk Aimee Kissel. * Please refer to the audio recording of this meeting for additional detail. Click here for a link to the audio recording of this meeting. 0:00:42 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:43 B. Pledge of Allegiance and a Moment of Silence 0:01:16 C. Swearing in Deputy Mayor Becker (Kukulski) City Manager Chris Kukulski swore in Deputy Mayor Sean Becker. 0:02:46 Deputy Mayor Becker Deputy Mayor Sean Becker spoke regarding his new term as Deputy Mayor. 0:03:44 Deputy Mayor Becker Deputy Mayor Sean Becker spoke regarding his new term as Deputy Mayor. (The beginning of the recording did not work- this is not the entire speech.) 0:05:19 D. Changes to the Agenda 0:05:22 Chris Kukulski, City Manager Mr. Kukulski explained that the addendum to the agenda printed Thursday afternoon would be the first action item. This is the discussion regarding the sale of the old City Hall. F. 6 should be moved to the last action item from consent. 0:06:28 E. Public Service Announcement - License Plate Design Submittal Deadline (Fontenot) 20 Linked Minutes of the City Commission Meeting, January 19, 2010 2 of 12 0:06:35 Brit Fontenot, Asst. to City Manager Mr. Fontenot said the deadline for submittals for a license plate design is January 28, 2010 and the winning design artist will receive $500. downtown dollar bucks. 0:07:17 Public Comment Mayor Krauss opened public comment regarding consent items F. 1-7. No person commented. Mayor Krauss closed public comment. 0:07:19 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Mayor to sign 2010-2011 Certified Local Government Grant Application to the Montana State Historic Preservation Office (Kramer) 3. Authorize City Manager to sign Notice of Award for the Ultra Violet System at the Swim Center (Goehrung) 4. Approve Resolution No. 4232 and Authorize City Manager to sign Change Order No. 5 for the Bozeman Landfill Addition (Goehrung) 5. Approve Resolution No. 4233 and Authorize City Manager to sign Change Order No. 2 for Lower Yard Vehicle Maintenance and HRDC Bus Barn for Asbestos Remediation (Goehrung) 6. Approve Resolution No. 4234, Relating to $1,973,000. Sewer System Revenue Bonds Consisting of $390,700. Subordinate Lien Taxable Series 2010A Bond, $359,300. Series 2010B Bond, and $1,223,000. Series 2010C Bond; Authorizing the Issuance and Fixing The Terms and Conditions Thereof (Rosenberry) 7. Approve Liquor License for Lemongrass Thai to sell Liquor at 290 W. Kagy Blvd (Neibauer) 0:07:39 Motion and Vote to approve items 1-5 and 7 on the consent agenda. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve items 1-5 and 7 on the consent agenda. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:08:00 G. Public Comment Mayor Krauss opened general public comment. No person commented. Mayor Krauss closed public comment. 0:08:50 1. Provisional Adoption of Ordinance 1779, Approving the Sale of the Former City Hall Property Located at 411 East Main Street (Kukulski) 21 Linked Minutes of the City Commission Meeting, January 19, 2010 3 of 12 0:08:54 H. Action Items 0:09:05 Mr. Kukulski Mr. Kukulski gave the staff presentation on this item, explaining the history and current status of the sale of the former City Hall. 0:17:54 Cr. Mehl Cr. Mehl began questions for staff on this item. 0:23:22 Cr. Becker Cr. Becker asked questions of staff. 0:26:16 Mayor Krauss Mayor Krauss asked questions of staff. 0:30:18 Public Comment Mayor Krauss opened public comment on this item. 0:30:25 Tom Starner, Public Comment Mr. Starner of 3204 Sumerset Drive and the Commercial Broker from Gene Cook Real Estate spoke on behalf of the proposed buyers, Gretchen, Steve and Cindy Climer. 0:34:23 Cr. Taylor Cr. Taylor began questions for the applicant. 0:35:17 Cr. Mehl Cr. Mehl began questions for the applicant. 0:36:41 John O'donnell, Public Comment Mr. O'donnell of 1100 North Stonegate Drive provided an alternative idea regarding the old City Hall speaking in detail about how Tech Ranch may possibly be able to occupy that space. 0:39:53 Mayor Krauss Mayor Krauss began asking questions of Mr. O'donnell with Tech Ranch. 0:40:47 Cr. Becker Cr. Becker began asking questions of Mr. O'donnell. 0:45:55 Cr. Mehl Cr. Mehl began asking Mr. O'donnell questions. 0:48:50 Cr. Taylor Cr. Taylor asked questions of Mr. O'donnell. 0:50:44 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 22 Linked Minutes of the City Commission Meeting, January 19, 2010 4 of 12 0:50:52 Mayor Krauss Mayor Krauss began questions for staff. 0:54:48 Motion to provisionally adopt Ordinance 1779, authorizing the City Manager to sign purchase and sale agreement with GSE Family Limited Partnership for former Bozeman City Hall located at 411 East Main Street and direct staff to return to the Commission on February 2 for final adoption. It was moved by Cr. Becker, seconded by Cr. Taylor to provisionally adopt Ordinance 1779, authorizing the City Manager to sign purchase and sale agreement with GSE Family Limited Partnership for former Bozeman City Hall located at 411 East Main Street and direct staff to return to the Commission on February 2 for final adoption. 0:55:54 Cr. Becker Cr. Becker began discussion on the motion. 0:59:24 Cr. Mehl Cr. Mehl began asking questions of staff. 1:05:40 Cr. Taylor Cr. Taylor began asking questions of staff. 1:25:47 Vote on the motion to provisionally adopt Ordinance 1779, authorizing the City Manager to sign purchase and sale agreement with GSE Family Limited Partnership for former Bozeman City Hall located at 411 East Main Street and direct staff to return to the Commission on February 2 for final adoption. Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:26:23 Break Mayor Krauss called for a break. 1:43:26 Meeting called back from break. Mayor Krauss called the meeting back to order. 1:43:43 1. Discussion on Appointment to Vacancy in an Office of Bozeman City Commissioner (No Decision on Appointment Will Be Made) (Sullivan) 1:44:04 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation on this issue. 1:45:42 Mayor Krauss Mayor Krauss began questions for staff. 23 Linked Minutes of the City Commission Meeting, January 19, 2010 5 of 12 1:45:48 Mr. Sullivan Mr. Sullivan verified that the vacancy be filled by appointment rather than election per state law. 1:46:34 Cr. Becker Cr. Becker continued questions for staff. 1:47:47 Cr. Taylor Cr. Taylor began questions for staff. 1:51:48 Public Comment Mayor Krauss opened public comment. 1:52:13 Sandra Smiley, Public Comment Ms. Smiley, candidate for the Commission vacancy, said the Commission has inspired her. She enjoys working for the public and would like to be appointed. 1:53:38 Brian Leland, Public Comment Mr. Leland of 528 N. Bozeman, candidate for the Commission vacancy, encouraged the Commission to act as soon as possible. He would urge the Commission to appoint someone with a diverse viewpoint. 1:55:23 Chris Budeski, Public Comment Mr. Budeski of 315 Sheriton Ave., candidate for the Commission vacancy, explained why he feels he would be an asset to the City in this position. 1:57:54 Dab Debney, Public Comment Mr. Debney of 2555 West College, spoke regarding the economic decline and the soon to be appointed Commissioner needing a skill set consistent with that of a small business owner. Mr. Debney asked that the Commission appoint Chris Budeski. 2:00:32 Jarvis Brown, Public Comment Mr. Brown of 305 South 13th, candidate for the Commission vacancy, explained his relevant background for the position. 2:02:37 Bob Chase, Public Comment Mr. Chase, candidate for the Commission vacancy, spoke regarding why he feels he should be appointed. 2:05:07 Bruce Grubbs, Public Comment Mr. Grubbs of 322 North 22nd Ave. spoke in favor of appointing Chris Budeski. He also offered an idea regarding the process of filling the Commission vacancy. 2:08:14 Pave Oheens, Public Comment Ms. Oheens of 201 South 11th spoke in favor of appointing Bob Chase. 24 Linked Minutes of the City Commission Meeting, January 19, 2010 6 of 12 2:09:11 Erik Henyon, Public Comment Mr. Henyon of 3213 Augusta Drive, candidate for the Commission vacancy, said he feels that Eric Bryson's constituency should be represented by the appointed Commissioner. 2:10:52 Dawn Smith, Public Comment Ms. Smith of 307 Ponderea Ave., candidate for the Commission vacancy, spoke regarding her goals if appointed. 2:11:56 Cyndy Andrus, Public Comment Ms. Andrus of 3247 Garden Brook Lane, candidate for the Commission vacancy, spoke regarding the process of appointment saying she hopes the process is fair, open and transparent and would like the decision to be unanimous. 2:12:48 Brian Segal, Public Comment Mr. Segal of 315 South Black, candidate for the Commission vacancy, explained why he feels he should be appointed. 2:15:54 Public Comment Closed Seeing no further public comment, Mayor Krauss closed public comment. 2:16:06 Cr. Mehl Cr. Mehl began discussion on this issue and thanked all of the candidates for applying. 2:24:11 Mayor Krauss Mayor Krauss continued discussion on this item. 2:25:17 Cr. Taylor Cr. Taylor continued discussion on this item. 2:29:46 Cr. Becker Cr. Becker continued discussion on this item. 2:53:19 Cr. Mehl Cr. Mehl offered wording for a motion he would like to discuss before officially proposing. 2:54:39 Mayor Krauss Mayor Krauss provided comments on the possible motion. 2:58:45 Motion that when the city commission meets on January 25, 2010 we invite all candidates who are interested to speak, to state their case for why they should be commissioner, followed by public comment then discussion by commissioners, then votes by commission to narrow and finally select a candidate. It was moved by Cr. Mehl, seconded by Cr. Becker that when the city commission meets on January 25, 2010 we invite all candidates who are interested to speak, to state their case for 25 Linked Minutes of the City Commission Meeting, January 19, 2010 7 of 12 why they should be commissioner, followed by public comment then discussion by commissioners, then votes by commission to narrow and finally select a candidate. 2:59:19 Cr. Taylor Cr. Taylor offered a friendly amendment to limit each candidate to five minutes. Cr. Mehl and Cr. Becker agreed to the friendly amendment offered. 3:02:42 Vote on the motion that when the city commission meets on January 25, 2010 we invite all candidates who are interested to speak, to state their case for why they should be commissioner, followed by public comment then discussion by commissioners, then votes by commission to narrow and finally select a candidate with the friendly amendment to limit each candidate to five minutes. Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:03:43 2. Urban Fund Projects List Recommendation to the Transportation Coordinating Committee (Arkell) 3:03:45 Debbie Arkell, Public Works Director Ms. Arkell gave the staff presentation on this item. 3:13:39 Public Comment Mayor Krauss opened public comment on this item. No person commented. Mayor Krauss closed public comment. 3:14:01 Motion and Vote to adopt the recommendation to the Transportation Coordinating Committee on the updated Urban Fund Projects list as that listed on page 1 of the related staff memorandum. It was moved by Cr. Becker, seconded by Cr. Mehl to adopt the recommendation to the Transportation Coordinating Committee on the updated Urban Fund Projects list as that listed on page 1 of the related staff memorandum. Those voting Aye being Crs. Becker, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:15:14 3. Ordinance No. 1778, Clarification of Animal Control, Police Officer Authority Regarding Animal Regulations and Adjustment of Civil Court Timelines (McLane) 26 Linked Minutes of the City Commission Meeting, January 19, 2010 8 of 12 3:15:29 Rich McLane, Lieutenant Mr. McLane presented the staff report on this item. 3:22:18 Public Pomment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:22:25 Motion and Vote to provisionally adopt Ordinance No. 1778. It was moved by Cr. Taylor, seconded by Cr. Mehl to provisionally adopt Ordinance No. 1778. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:23:01 7. Appointment to the Pedestrian and Traffic Safety Committee (Kissel) 3:23:23 Motion to appoint Danielle Scharf to the Pedestrian and Traffic Safety Committee. It was moved by Cr. Mehl, seconded by Cr. Becker to appoint Danielle Scharf to the Pedestrian and Traffic Safety Committee. 3:23:32 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:23:39 Vote on the motion to appoint Danielle Scharf to the Pedestrian and Traffic Safety Committee. Those voting Aye being Crs Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:23:48 4. Response to Commission Questions Regarding the Sign Code, Chapter 18.52 of the Bozeman Municipal Code and Opportunity for Direction (Saunders) (opened and continued from January 11, 2010) 3:24:38 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 27 Linked Minutes of the City Commission Meeting, January 19, 2010 9 of 12 3:24:44 Cr. Mehl Cr. Mehl asked Interim City Planning Director whether the barber pole issue was underway. 3:25:23 Chris Saunders, Interim Planning Director Mr. Saunders confirmed that the Commission has already provided direction on the barber pole issue. The legislative process on the barber pole issue has begun. 3:26:46 Motion and Vote to postpone (this item) to a date that the Mayor and City Manager can pick. It was moved by Cr. Becker, seconded by Cr. Taylor to postpone (this item) to a date that the Mayor and City Manager can pick. Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:27:32 5. Meetings with Federal Delegation in Washington, DC (Kukulski) 3:27:48 Chris Kukulski Mr. Kukulski gave the staff presentation on this item. 3:35:50 Cr. Mehl Cr. Mehl offered to make the trip to Washington D.C. due to his past experiences in D.C. 3:38:11 Motion to authorize the City Manager and Mayor, or an available City commissioner to schedule meetings in Washington DC with each of Montana's Federal Delegates and key staff. It was moved by Cr. Taylor, seconded by Cr. Becker to authorize the City Manager and Mayor, or an available City commissioner to schedule meetings in Washington DC with each of Montana's Federal Delegates and key staff. 3:38:30 Mayor Krauss Mayor Krauss suggested that at least one member of the staff attend as well. 3:39:02 Friendly amendment to add to the motion, and / or staff people as designated by the Mayor. Cr. Taylor and Cr. Becker accepted the friendly amendment as stated by Cr. Taylor. 3:40:23 Vote on the motion to authorize the City Manager and Mayor, or an available City commissioner to schedule meetings in Washington DC with each of Montana's Federal Delegates and key staff and / or staff people as designated by the Mayor. 28 Linked Minutes of the City Commission Meeting, January 19, 2010 10 of 12 Those voting Aye being Crs. Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:40:49 6. Appointment to the Downtown Business Improvement District Board (BID) (Kissel) 3:41:01 Motion and Vote to appoint Don McLaughlin to the Downtown Business Improvement District Board. It was moved by Cr. Mehl, seconded by Cr. Becker to appoint Don McLaughlin to the Downtown Business Improvement District Board. Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:41:15 9. Re-appointment to the North Seventh Urban Renewal Board (Kissel) 3:41:26 Aimee Kissel, Deputy City Clerk Ms. Kissel corrected the memorandum, saying this position is for a voting member, not a non- voting member. 3:41:34 Motion and Vote to appoint Scott Hedglin (to the North Seventh Urban Renewal Board) as a voting member. It was moved by Cr. Becker, seconded by Cr. Taylor to appoint Scott Hedglin (to the North Seventh Urban Renewal Board) as a voting member. Those voting Aye being Crs. Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:41:57 Motion and Vote to re-appoint Steve O'Neil and Brian Sandefur to the Wetlands Review Board. It was moved by Cr. Taylor, seconded by Cr. Mehl to re-appoint Steve O'Neil and Brian Sandefur to the Wetlands Review Board. Those voting Aye being Crs. Taylor, Mehl, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:42:15 Rules suspended until 10:10. Mayor Krauss suspended the rules until 10:10 to allow the meeting to continue past 10 p.m. 29 Linked Minutes of the City Commission Meeting, January 19, 2010 11 of 12 3:42:44 6. Approve Resolution No. 4234, Relating to $1,973,000. Sewer System Revenue Bonds Consisting of $390,700. Subordinate Lien Taxable Series 2010A Bond, $359,300. Series 2010B Bond, and $1,223,000. Series 2010C Bond; Authorizing the Issuance and Fixing The Terms and Conditions Thereof (Rosenberry) This item was removed from Consent and added as the last action item. 3:42:46 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation on this item explaining that she asked this item be pulled from consent because the resolution was modified slightly since the packet materials came out. She went over these changes for the record. 3:46:51 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:47:01 Motion and Vote to approve Resolution No. 4234 as amended. It was moved by Cr. Mehl, seconded by Cr. Becker to approve Resolution No. 4234 as amended. Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 3:47:23 I. FYI/Discussion 3:47:36 1. Quorum at Tech Ranch on January 20, 2010. Cr. Becker asked if a quorum would be present at Tech Ranch on January 20, 2010 and if so if it had been noticed as such. 3:47:48 Mayor Krauss, Commissioner Mehl and Commissioner Taylor clarified that they were planning on attending. Cr. Taylor and Cr. Becker decided not to attend as a quorum had not been noticed. 3:48:26 2. Updates regarding hiring a Police Chief and Planning Director Cr. Becker asked for an update regarding the progress on hiring a Police Chief and Planning Director. 3:48:33 Chris Kukulski Mr. Kukulski explained that job descriptions etc. for the available positions are currently available on the City website. 3:48:49 3. Reminder of the City Commission Policy Meeting scheduled for Thursday, January 21, 2010 at noon in the City Commission room, City Hall, 121 N. Rouse (Kissel) 30 Linked Minutes of the City Commission Meeting, January 19, 2010 12 of 12 3:49:45 4. Upcoming Storm Water Update and Storm Water Ordinance revision. Debbie Arkell, Public Works Director explained that a storm water update and revised Ordinance will be coming before the Commission likely next week. Staff would like to have this come before the Commission prior to the DEQ quarterly report deadline of January 28, 2010. 3:50:32 Debbie Arkell Ms. Arkell explained the upcoming Storm Water Ordinance further. 3:51:32 Mayor Krauss Mayor Krauss said it sounded like the next agenda would not have time for more than two items so would like to discuss the new Commissioner and the Storm Water issue and that's about it. 3:51:50 J. Adjournment Mayor Krauss adjourned the meeting at 10:06 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 31