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HomeMy WebLinkAbout12-21-09, Minutes, City Commission p F t9T�N 8 0��, 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 Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5 -0. Linked Minutes of the Bozeman City Commission Meeting, December 11, 2009 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. 2 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 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. 3 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 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. 4 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 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. 5 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 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. 6 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 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 Sectionl 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. 7 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 Those voting Ave 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. Jeffre s, NjOyor 8 Linked Minutes of the Bozeman City Commission Meeting, December 21, 2009 I ATTE acy v Tcl lt�� irk CO. �SO�ti PREPARED BY: St cy m 1, CMC, ity Clerk On Approved on 9