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Home My WebLink About12-28-09 Minutes, City Commission (2) t'T jN CO. LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 28, 2009 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, December 28, 2009. Present were Mayor Kaaren Jacobson, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, City Attorney Greg Sullivan, Planning Director Andy Epple and City Clerk Stacy Ulmen. *Please refer to the audio recording of this meeting for additional detail 0:09:24 A. Call to Order Regular Session —12:00 p.m. Commission Room, City Hall, 121 N. Rouse Mayor Jacobson called the meeting to order at 12:04 p.m. 0:09:27 B. Pledge of Allegiance and a Moment of Silence 0:09:57 C. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:10:03 Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes. 0:10:07D. Authorize Absence of Cr. Becker 0:10:13 Motion and Vote to authorize the absence of Cr. Becker. It was moved by Cr. Rupp, seconded by Cr. Krauss to authorize the absence of Cr. Becker. Those voting Ave being Crs. Rupp, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 0:10:28E. Minutes —Special Meeting November 12, 2009, Regular Meeting November 23, 2009 and Policy Meeting December 3, 2009 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 0:10:40 Motion and Vote to approve the minutes of the Special Meeting November 12, 2009, Regular Meeting November 23, 2009 and Policy Meeting December 3, 2009. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the minutes of the Special Meeting November 12, 2009, Regular Meeting November 23, 2009 and Policy Meeting December 3, 2009 as submitted. Those voting Ave being Crs. Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 0:11:22 Cr. Bryson Cr. Bryson stated that he is not supposed to vote on the resignation item on the Consent Agenda. 0:12:05 F. Consent I 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. 2 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 0:12:17 Motion to approve Consent Items 1 -9. It was moved by Cr. Bryson to approve Consent Items 1 -9. (Later failed due to a lack of a second. 0:12:36 Cr. Krauss Cr. Krauss spoke regarding the items on the Consent agenda which involve stimulus money. 0:13:00 Cr. Rupp Cr. Rupp spoke regarding the signs and barber pole issues in regards to the Unified Development Ordinance. 0:13:26 Mr. Sullivan Mr. Sullivan explained that he felt that there was not sufficient notice to the Public regarding the barber pole sign amendment to take action upon today. 0:13:58 Mr. Sullivan Mr. Sullivan explained that the notice was specific provisions in the UDO and did not call out that provision. 0:14:12 Mr. Sullivan Mr. Sullivan explained that the barber pole signs will need to be included as a comprehensive review of the sign code or direction to staff could be given. 0:15:10 Motion to approve Consent Item 1 -7 9. It_ was moved by Cr. Rupp, seconded by Cr. Krauss to approve Consent Item 1 -7 9. 0:15:25 Stacy Ulmen, City Clerk Ms. Ulmen clarified that the original motion that was made by Cr. Bryson failed due to a lack of a second. 0:15:35 Vote on the Motion to approve Consent Item 1 -7 9. Those voting Ave 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. 3 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 Those voting Ave being Crs. Rupp, Krauss and Mayor Jacobson. Those voting No being None. Those abstaining being Cr. Bryson. The motion passed 3 -0. 0:16:02 Motion to finally adopt Ordinance No. 1769, Amending Title 18, Bozeman Municipal Code, UDO. It was moved by Cr. Krauss, seconded by Cr. Bryson to (Consent Item 8.) Finally adopt Ordinance No. 1769, Amending Title 18, Bozeman Municipal Code, UDO. 0:16:20 Cr. Bryson Cr. Bryson believes that the sign item has been properly noticed. 0:17:19 Vote on the Motion to finally adopt Ordinance No. 1769, Amending Title 18, Bozeman Municipal Code, UDO. Those voting Ave being Crs. Krauss, Bryson and Mayor Jacobson. Those voting No being Cr. Rupp. The motion passed 3 -1. 0:17:46 Andy Epple, City Planner Mr. Epple stated that he is aware that this is in regards to barber poles. This item can be revisited and that is the intent. Planning is prepared to work on barber poles. 0:19:21 Motion to direct staff to concentrate not only on the barber pole prohibition but also on some of the other sign issues that were brought up in the discussion and bring us back a report in January. It was moved by Cr. Krauss, seconded by Cr. Bryson to direct staff to concentrate not only on the barber pole prohibition but also on some of the other sign issues that were brought up in the discussion and bring us back a report in January. 0:19:45 Cr. Bryson Cr. Bryson stated that on the context of a larger sign discussion, and as this body has discussed and addressed some of the issues, he hopes that we do not have to go through the whole system of routing it through the Advisory Boards that may have some input before it gets to the Commission in a finished project form so that the Commission does not get the opportunity to reflect back on what they are doing without starting the process over. This would be 2 processes: First; the Commission will take action regarding the things that they find out of touch with the policy direction that they want to implement and second; conduct a more extensive 4 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 comprehensive review. We don't always have to wait for the end result to be hamstrung into a decision that we may not be comfortable with. 0:20:41 Cr. Krauss Cr. Krauss stated that it might be that after the Commission reviews it, it can go to the Boards. 0:23:11 Cr. Bryson Cr. Bryson stated that direction has been given by this Commission and there is a charge to look at a more comprehensive review in the future. 0:24:23 Cr. Rupp Cr. Rupp stated that another issue is that the appeals process needs to be clarified. 0:25:08 Vote on the Motion to direct staff to concentrate not only on the barber pole prohibition but also on some of the other sign issues that were brought up in the discussion and bring us back a report in January. Those voting Ave being Crs. Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 0:25:45 G. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:26:03 Debbie Arkell, Public Comment Ms. Arkell announced that this is Planning Director Epple's last meeting after 22 years of service. 0:26:43 Public Comment closed Mayor Jacobson closed public comment. 0:26:47 H. Action Items 0:26:47 1. Water Reclamation Facility Administration and Lab Building Notice of Award (Murray) 0:26:58 Bob Murray, City Engineer Mr. Murray gave the staff presentation regarding Water Reclamation Facility Administration and Lab Building Notice of Award. Mr. Murray stated that this project was bid around a year ago. The bids came in over budget. This item was rebid and bids were opened on December 15th. The motion needs to be made contingent on State Revolving Fund approval. 5 1 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 0:37:07 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:37:30 Cr. Rupp Cr. Rupp spoke regarding the fiscal effects and the contingency fund. 0:38:03 Anna Rosenberry, Finance Director Mr. Rosenberry spoke regarding the contingencies. 0:39:23 Motion and Vote to approve and authorizing the City Manager to sign the notice of award to Williams Brother Construction, LLC in the amount of $1,680,000.00 contingent upon SRF program approval. It was moved by Cr. Rupp, seconded by Cr. Krauss to approve and authorizing the City Manager to sign the notice of award to Williams Brother Construction, LLC in the amount of $1,680,000.00 contingent upon SRF program approval. Those voting Ave being Crs. Rupp, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4 -0. 0:39:56 L FYI /Discussion 0:39:57 1. January 4th Meeting Start time moved to 6:30 p.m. Cr. Krauss stated that he would like to begin the meeting at 6:30 p.m. instead of 5:30 p.m. as previously discussed. 0:40:42 2. Andy Epple Mr. Kukulski stated that City Planner Andy Epple is retiring after 22 years and there is an open house at the City Library on Wednesday from 4 -6 p.m. Mr. Kukulski thanked Mr. Epple for his service. Mr. Epple stated that he will be taking many wonderful memories with him. 0:42:01 Executive Session Mayor Jacobson announced that the meeting will be closed for an Executive Session. 0:42:09 The Regular Meeting was adjourned at 12:35 p.m. and then the Executive Session was called to order. A separate set ofMinutes for the Executive Session have been prepared. 6 Linked Minutes of the Bozeman City Commission Meeting, December 28, 2009 Jeffre f ,Mayor OV BO AT T.i St en Clerk C o PREPARED BY: cy U en, CMC, City Clerk Approved on 7