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HomeMy WebLinkAboutFebruary 8, 2010 Minutes.pdf LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 8, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, February 8, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan, Finance Director Anna Rosenberry and City Clerk Stacy Ulmen. * Please refer to the audio recording of this meeting for additional detail. 0:04:58 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:05 p.m. 0:05:01 B. Pledge of Allegiance and a Moment of Silence 0:05:38 Mayor Krauss Mayor Krauss welcomed everybody to the Commission Meeting. 0:05:52 C. Changes to the Agenda Mayor Krauss asked Mr. Kukulski if there were any changes to the Agenda. 0:05:56 Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes to the agenda. 0:05:58 D. Public Service Announcement – City Office Closure due to President's Day (Ulmen) 0:06:09 Stacy Ulmen, City Clerk Ms. Ulmen reminded the public that the City Offices will be closed due to President's Day. 0:07:12 E. Minutes-December 14, December 21 and December 28, 2009 Minutes 0:07:20 Motion and Vote to approve (the minutes December 14, December 21 and December 28, 2009 Minutes as submitted). It was moved by Cr. Becker, seconded by Cr. Andrus to approve (the minutes December 14, December 21 and December 28, 2009 Minutes as submitted). 31 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 2 Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:07:35 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Mayor’s signature on a Preserve America Grant Application to Update the Historic and Architectural Inventory for Bozeman's Commercial Core (Kramer) 3. Authorize the City Manager to sign a Termination Agreement for the Renewable Resource Grant Received for the Hyalite Canyon Guardrail Project (Heaston) 4. Authorize the Mayor’s signature on a Preserve America Grant Application to Explore Adaptive Reuse Opportunities for the Historic Northern Pacific Depot (Kramer) 5. Approve the Monthly Building Report for the Month of January, Fiscal Year 2010, Detailing the Financial and Workload Position of the Building Inspection Division (Risk) 6. Approve and Authorize the City Manager to sign the Notice of Award to McAlvain Civil Constructors, Inc for bid items 1, 2, and 5 in the amount of $5,298,965.00 for the Water Reclamation Facility Digester No. 3 and Solids Dewatering Project contingent upon State Revolving Fund Program Approval (Murray) 7. Approve Resolution No. 4241, Bozeman Water Reclamation Facility, Phase I Improvements Change Order No. 4 (Murray) 8. Approve Resolution No. 4235, Intent to Change the Name of Three Streets in Diamond Estates Subdivision No. 2, Phase 2 and set a Public Hearing for March 8, 2010 (Kerr) 9. Approve Directing the City Manager to Draft a Letter to the Montana Department of Transportation (MDT) to request that a Speed Study be conducted on South 19th Avenue South of College Street when the construction on South 19th Avenue is completed (Arkell) 10. Appoint Mayor Krauss and Cr. Mehl as the Sub-committee to approve Depository Bonds and Securities as of December 31, 2009 (Clark) 0:07:49 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:08:04 Motion and Vote to approve consent items F. 1-10. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve consent items F. 1-10. Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:08:20 G. Public Comment Mayor Krauss opened general public comment. No person commented. 32 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 3 Mayor Krauss closed public comment. 0:09:01 H. Action Items 0:09:05 1. General Willson Building Site Plan and Certificate of Appropriateness Application No. Z-09235 (Continued from February 1, 2010) (Bristor) 0:09:22 Chris Saunders, Interim Planning Director Mr. Saunders opened the staff presentation for the General Willson Building Site Plan and Certificate of Appropriateness Application No. Z-09235 (Continued from February 1, 2010). Mr. Saunders stated that based on the discussions from the last Commission meeting regarding long term use of rights-of-way, the applicant has been asked to continue their application in order to allow staff to work on the direction the Commission gave at the last meeting so that there is clear and direct information for everyone involved. 0:10:43 Mr. Mehl Mr. Mehl stated that he wants to make sure that there is enough time to have a broad discussion regarding this item before the application is acted upon in early April. 0:11:08 Mr. Saunders Mr. Saunders stated that staff will do their best to make sure that there is enough time to discuss the item. 0:11:46 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:11:58 Motion and Vote to continue the General Willson Building Site Plan and Certificate of Appropriateness Application to April 5th, 2010. It was moved by Cr. Mehl, seconded by Cr. Taylor to continue the General Willson Building Site Plan and Certificate of Appropriateness Application to April 5th, 2010. Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:12:29 2. 2009 Annual Report of the Department of Planning and Community Development (Taken off the Consent Agenda and Continued from February 1, 2010) (Saunders) 33 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 4 0:12:49 Mr. Saunders Mr. Saunders gave the staff presentation regarding 2009 Annual Report of the Department of Planning and Community Development. He spoke regarding the long range plans and the amount of acres annexed in the last year. 0:15:21 Mr. Saunders Mr. Saunders spoke regarding the average home construction and subdivision activity. 0:17:33 Mr. Saunders Mr. Saunders spoke regarding Certificate of Appropriateness and Zoning Applications. 0:21:20 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:21:34 Motion and Vote to accept to accept the 2009 Annual Report of the Department of Planning and Community Development and the Bozeman Planning Board. It was moved by Cr. Taylor, seconded by Cr. Becker to accept the 2009 Annual Report of the Department of Planning and Community Development and the Bozeman Planning Board. Those voting Aye being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:21:58 3. Appointment of Commissioners to Voting Board Positions and Assignment of Commissioners to act as Liaisons to City Citizen Advisory Boards (Kissel) 0:22:39 Aimee Kissel, Deputy City Clerk Ms. Kissel gave the staff presentation regarding the appointments of Commissioners to Voting Board Positions and the assignment of Commissioners to act as Liaisons to City Citizen Advisory Boards. Ms. Kissel spoke regarding what a board liaison is and where the Citizen Advisory Page is located on the website. 0:26:45 Cr. Mehl Cr. Mehl asked if there are liaisons on the Ethics Board, Police Board and Tourism Board. 0:26:54 Ms. Kissel Ms. Kissel stated that there are not liaisons on the Ethics Board and the Police Board. A liaison is required on the Bozeman Tourism Board. 0:27:27 Cr. Mehl Cr. Mehl asked if one was needed on the newly developed Economic Development Board. 34 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 5 0:27:33 Ms. Kissel Ms. Kissel explained that the Ordinance has not been written yet for the Economic Development Council. 0:27:54 Cr. Andrus Cr. Andrus asked what responsibilities a Commission Liaison has on the boards. 0:28:01 Mayor Krauss Mayor Krauss spoke regarding the responsibilities of a Commission Liaison. 0:31:01 Greg Sullivan Attorney Sullivan explained that in voting positions on Boards, Commissioners are voting as a member of the Board, but when the item appears before the Commission the member is voting in the Commissioner capacity. 0:31:34 Mayor Krauss Mayor Krauss announced the process of selecting the liaison and voting positions. 0:59:40 Motion and Vote to accept these appointments for voting board positions and liaisons. It was moved by Cr. Becker, seconded by Cr. Andrus to accept these appointments for voting board positions and liaisons. (The list is attached to the minutes of this meeting). Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:00:03 4. Planning Department Quarterly Report (Saunders) 1:00:30 Mr. Saunders Mr. Saunders gave the staff report regarding the Planning Department Quarterly Report. He spoke regarding the status of the Planning Department. He highlighted the fee schedules and the budget for the Department and stated that Revenues are down. Expenditures are on budget. He spoke regarding applications and vacancy savings. There is an option to rebalance the fee structure. These are published by resolution. 1:09:42 Anna Rosenberry, Finance Director Ms. Rosenberry spoke regarding the process when looking at rebalancing the fees. 1:10:28 Ms. Rosenberry Ms. Rosenberry spoke regarding personnel. 1:11:13 Mr. Saunders Mr. Saunders spoke regarding sign applications within the Entry Way Overlay. 35 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 6 1:12:51 Mr. Saunders Mr. Saunders spoke regarding staff time related to sign applications. 1:14:34 Mr. Saunders Mr. Saunders spoke regarding down times. 1:16:09 Ms. Rosenberry Ms. Rosenberry spoke regarding the vacancy savings. 1:16:51 Cr. Andrus Cr. Andrus wondered if the application process should be looked at in that the application itself is easier to fill out. 1:17:14 Mr. Saunders Mr. Saunders stated that the Planning Board has recently looked at the application and created a check off list for applicants. 1:19:10 Ms. Rosenberry Ms. Rosenberry spoke regarding the permit fee revenues. These fees are supposed to make up 25% of the Department budget. 1:20:33 Ms. Rosenberry Ms. Rosenberry stated that the fee schedule is very sophisticated and is set up in order to match the money with the workload. 1:21:20 Mr. Saunders Mr. Saunders spoke regarding the amount of time put into the review process. 1:22:29 Cr. Becker Cr. Becker spoke regarding planning staff support to the North 7th and North East Neighborhood Offices. 1:23:28 Mr. Saunders Mr. Saunders spoke regarding development issues and committees. We need to have one consistent point of contact. 1:25:00 Cr. Mehl Cr. Mehl asked how much the Tax Increment Financing (TIF) Boards will be asked to assume in regards to .5 of an FTE. 1:25:16 Ms. Rosenberry Ms. Rosenberry stated about $25,000. 36 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 7 1:26:31 Mr. Sullivan Mr. Sullivan stated that staff will look into if it is fair and legal to pay for the staff position from the TIF money. 1:27:56 Cr. Becker Cr. Becker wondered who can make the decision regarding using TIF funds to pay for .5 of an FTE for administrative support. 1:28:54 Mr. Sullivan Mr. Sullivan that the correct time will be when the Work Plan is adopted. 1:30:04 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 1:30:10 Mayor Krauss Mayor Krauss spoke regarding the Tax Increment Financing Districts and the responsibilities associated. He is not sure raising fees right now is the right thing to do. He is not inclined to vote for increasing fees, need to increase efficiency. 1:33:43 Ms. Andrus Ms. Andrus wondered if sign applications should be included in the Commission Goals and Work Plan. 1:34:19 Cr. Mehl Cr. Mehl stated he is not inclined to raise fees at this time. Need to set off ratios in programs. 1:35:39 Cr. Taylor Cr. Taylor stated that this is not the right time to raise fees. The sign issue needs more understanding. The TIF compensation is a good idea. 1:37:48 Cr. Becker Cr. Becker stated that he wants staff to begin the process of looking at the rebalance including looking the staffing of the TIF Districts along with the sign ordinance. 1:39:34 Mr. Kukulski Mr. Kukulski summed up the Commission discussion which includes not adjusting the fees with the exception of the sign fees, a rational of not charging internal fees and the current vacancy and staffing along with the TIFs. 1:43:50 Motion and Vote to accept the Planning Department quarterly report as submitted. It was moved by Cr. Andrus, seconded by Cr. Mehl to accept the Planning Department quarterly report as submitted. 37 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 8 Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:43:55 Break 2:02:58 5. Building Department Quarterly Report (Risk) 2:03:30 Bob Risk, Chief Building Official Mr. Risk gave the staff presentation regarding the Building Department Quarterly Report. Mr. Risk stated that the Building Department comes 100% from building permit fees. He highlighted the revenues and expenditures and the cash reserve fund. There is a drop in the cash reserve fund. He highlighted permit numbers along with staffing levels. The Building Division workload has remained consistent. 2:11:08 Cr. Becker Cr. Becker asked when staffing needs to be looked at. 2:11:29 Mr. Risk Mr. Risk stated that it is always being looked at by the department. We need to consider the services that are currently being provided and the inspection levels. The workload is not down. 2:13:36 Mr. Kukulski Mr. Kukulski spoke regarding the permits for the Water Reclamation Facility (WRF) and the Jail. 2:16:50 Mr. Risk Mr. Risk spoke regarding foundation standards. 2:17:20 Cr. Mehl Cr. Mehl spoke regarding the amount of employees verses the number of inspections. 2:19:59 Cr. Taylor Cr. Taylor asked if there was enough of a workload for the existing inspectors. 2:20:26 Mr. Risk Mr. Risk stated that the types of inspections are another variable that he needs to deal with. 2:20:53 Cr. Taylor Cr. Taylor wondered of there was an advantage in considering restructuring the fee schedule. 2:21:16 Mr. Risk Mr. Risk stated that the fee schedule is set up by the administrative rules. 38 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 9 2:23:47 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:23:59 Motion to accept the Building Department Quarterly Report as submitted. It was moved by Cr. Mehl, seconded by Cr. Taylor to accept the Building Department Quarterly Report as submitted. 2:24:12 Mayor Krauss Mayor Krauss spoke regarding the Enforcement Officer, the Fire Chief and the Assistant Fire Chief. 2:25:33 Vote on the Motion to accept the Building Department Quarterly Report as submitted. Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:25:45 6. Resolution No. 4242, Requesting Federal Funding (Kukulski) 2:25:50 Mr. Kukulski Mr. Kukulski gave the staff presentation regarding Resolution No. 4242, Requesting Federal Funding. There are currently 10 projects proposed. He spoke regarding each of the projects listed including: 1. Energy Recovery Project at the Bozeman Water Reclamation Facility 2. Water Treatment Plant Replacement 3. College Street Improvements 4. Kagy Boulevard Improvements 5. South 8th Avenue Improvements 6. E-Ticketing Equipment & Software for Police Department 7. Police & Court Facility Design 8. Overpass Improvements at I-90 Interchange with North 7th Avenue 9. Historic Inventory Update 10. Rouse Avenue Improvements (MT Department of Transportation Project) 2:32:29 Debbie Arkell, Director or Public Service Ms. Arkell spoke regarding number 8 related to the Overpass Improvements at I-90 Interchange with North 7th Avenue. 2:33:45 Mayor Krauss Mayor Krauss stated that the item should possibly be renamed Bicycle and Pedestrian Facility Improvements at the I90 Interchange. 2:34:20 Cr. Mehl Cr. Mehl spoke regarding Number 9, the Historic Inventory Update and wondered what the difference was in the relation to the earlier item on Consent regarding the Update to the Historic and Architectural Inventory for Bozeman's Commercial core. 39 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 10 2:34:35 Mr. Saunders Mr. Saunders explained that consent Item 2 begins the process of the historic inventory. 2:36:59 Cr. Andrus Cr. Andrus wondered if there were projects that were turned down in the past and are there projects that seemed to be liked more than others. 2:37:15 Mayor Krauss Mayor Krauss stated that we were turned down for the Energy Recovery Project. 2:39:29 Mayor Krauss Mayor Krauss wants to make sure that the language: Bicycle and Pedestrian Facility Improvements is added to further clarify transportation and street improvements in the project descriptions. 2:41:15 Ms. Rosenberry Ms. Rosenberry spoke regarding the e-ticketing system for the Police. The project received a stimulus allocation. There is a small amount left to be funded. She spoke regarding the design of the Police and Court facility. 2:43:27 Cr. Mehl Cr. Mehl suggested that we just name our highest priorities in the list. 2:45:04 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:48:33 Motion and Vote to approve that the project description for our requests for Federal Funding Assistance include items 1-5 (as listed in the staff report) and the 6th item as the Historic Inventory Update and limit it to those 6. It was moved by Cr. Taylor, seconded by Cr. Becker to approve that the project description for our requests for Federal Funding Assistance include items 1-5 (as listed in the staff report) and the 6th item as the Historic Inventory Update and limit it to those 6. 1. Energy Recovery Project at the Bozeman Water Reclamation Facility 2. Water Treatment Plant Replacement 3. College Street – Street, Bicycle and Pedestrian Facility Improvements 40 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 11 Those voting Aye being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:49:10 Mayor Krauss Mayor Krauss suggested tweaking the language in 3, 4 and 5 adding the words: Bicycle and Pedestrian Facility Improvements. 2:49:28 7. Resolution No. 4243, Protection from Discrimination based on Sexual Orientation and Gender Identity in Employment and Benefits (Berg) 2:49:42 Pattie Berg, Human Resources Director Ms. Berg began the staff presentation regarding Resolution No. 4243, Protection from Discrimination based on Sexual Orientation and Gender Identity in Employment and Benefits. 2:51:33 Mr. Sullivan Mr. Sullivan spoke regarding contracts stating that they are not addressed in the Resolution at this time. This will come back to the Commission at a later time. Mr. Sullivan spoke regarding 3 proposed options when dealing with contracts for the Commission to consider. 2:58:21 Mr. Sullivan Mr. Sullivan stated that Option A. is the most workable from a legal perspective. 2:59:16 Mr. Sullivan Mr. Sullivan spoke regarding long term maintenance agreements. 3:00:21 Mayor Krauss Mayor Krauss wondered why leases, licenses and agreements of every kind were included. 3:00:41 Mr. Sullivan Mr. Sullivan stated he is thinking about contracts on a broader in terms of agreements. 3:02:07 Mr. Sullivan Mr. Sullivan spoke regarding the group health benefits and employment policies. 4. Kagy Boulevard – Street, Bicycle and Pedestrian Facility Improvements 5. South 8th Avenue – Street, Bicycle and Pedestrian Facility Improvements 6. Historic Inventory Update 41 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 12 3:03:32 Cr. Mehl Cr. Mehl wondered if the City had a boiler plate contract. 3:03:53 Mr. Sullivan Mr. Sullivan spoke regarding the scope of contracts. There is a City template for contracts that is used. 3:10:21 Mr. Sullivan Mr. Sullivan spoke regarding scenarios regarding discrimination. 3:15:15 Cr. Mehl Cr. Mehl spoke regarding the threshold amount. He is concerned about setting a threshold. 3:18:12 Cr. Taylor Cr. Taylor spoke regarding the process for purchasing. 3:19:49 Mr. Kukulski Mr. Kukulski stated his concern of work load and management. 3:21:30 Ms. Rosenberry Ms. Rosenberry spoke regarding projects that receive federal funding and explained that the City complies with the federal requirements. 3:24:34 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:24:47 Motion to approve Resolution No. 4243 (Attachment A) relating to the development of policies and implementation strategies to address discrimination, including discrimination on the basis of sexual orientation and gender identity applying option A as amended "all City collective bargaining agreements and contracts greater than $50,000 and $20,000 for design, for professional services and sole source services shall include a provision prohibiting discrimination in the fulfillment of the agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The provision shall clearly indicate that the contracting entity will ensure this obligation pertains to the hiring and treatment of the contractor's employees, and to all subcontracts." with the remaining paragraphs to remain the same. It was moved by Cr. Becker to approve Resolution No. 4243 (Attachment A) relating to the development of policies and implementation strategies to address discrimination, including discrimination on the basis of sexual orientation and gender identity applying option A as amended "all City collective bargaining agreements and contracts greater than $50,000 and $20,000 for design, for professional services and sole source services shall include a 42 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 13 provision prohibiting discrimination in the fulfillment of the agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The provision shall clearly indicate that the contracting entity will ensure this obligation pertains to the hiring and treatment of the contractor's employees, and to all subcontracts." with the remaining paragraphs to remain the same. 3:27:35 Motion failed due to a lack of a second to approve Resolution No. 4243 (Attachment A) relating to the development of policies and implementation strategies to address discrimination, including discrimination on the basis of sexual orientation and gender identity applying option A as amended "all City collective bargaining agreements and contracts greater than $50,000 and $20,000 for design, for professional services and sole source services shall include a provision prohibiting discrimination in the fulfillment of the agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The provision shall clearly indicate that the contracting entity will ensure this obligation pertains to the hiring and treatment of the contractor's employees, and to all subcontracts." with the remaining paragraphs to remain the same. 3:27:47 Motion to make the same motion as Cr. Becker made without the monetary values. It was moved by Cr. Mehl, seconded by Cr. Taylor to make the same motion as Cr. Becker made without the monetary values. 3:30:05 Cr. Andrus Cr. Andrus read from the Montana Constitution. 3:33:36 Cr. Becker Cr. Becker spoke regarding the items that he struck in his failed motion. 3:45:53 Ms. Rosenberry Ms. Rosenberry spoke regarding situations where the City is providing the services. 3:47:19 Rules suspended to 10:30 p.m. Mayor Krauss suspended the rules to 10:30 p.m. 3:53:47 Mr. Sullivan Mr. Sullivan summed up the Commission discussion as follows: There is not an intent to apply this to City issued licenses such as pet and business licenses. There is interest in not having a monitory threshold. There is not an interest in having it apply when the City provides services how the Finance Director described it. There is not an interest in "best efforts" language. We should have in all contracts whether a monitory threshold occurs or not. When we enter into Federal or State contracts, when a there is a discrimination requirement we need to add the Sexual Orientation and Gender Identity discrimination language into clauses. There is not an interest in having this apply when something such as a gas transaction takes place, but possibly when entering into written agreements when there are substantial funds spent. 43 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 14 3:56:35 Motion to replace the previous motion in its entirety and reword to approve Resolution No. 4243 (Attachment A) relating to the development of policies and implementation strategies to address discrimination, including discrimination on the basis of sexual orientation and gender identity and direct staff to come up with the changes as outlined by the City Attorney. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4243 (Attachment A) relating to the development of policies and implementation strategies to address discrimination, including discrimination on the basis of sexual orientation and gender identity and direct staff to come up with the changes as outlined by the City Attorney. 3:57:49 Vote on the Motion to replace the previous motion in its entirety and reword to approve Resolution No. 4243 (Attachment A) relating to the development of policies and implementation strategies to address discrimination, including discrimination on the basis of sexual orientation and gender identity and direct staff to come up with the changes as outlined by the City Attorney. Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:58:13 Gavel turned over to Deputy Mayor Becker Mayor Krauss turned the gavel over to Deputy Mayor Becker therefore making him Mayor pro- tem. 3:58:21 Cr. Pro tem Krauss Cr. Pro tem Krauss recommended requesting that other quasi-independent City Boards, such as the Library Board and Parking Commission consider adopting these procedures. 3:59:03 Motion to request other quasi-independent City Boards, such as the Library Board and Parking Commission consider adopting these procedures. It was moved by Cr. Protem Krauss, seconded by Cr. Mehl to request other quasi- independent City Boards, such as the Library Board and Parking Commission consider adopting these procedures. 4:00:07 Vote on the Motion to request other quasi-independent City Boards, such as the Library Board and Parking Commission consider adopting these procedures. Those voting Aye being Crs. Pro tem Krauss, Mehl, Taylor, Andrus and Mayor Pro tem Becker. Those voting No being none. The motion passed 5-0. 44 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 15 4:00:23 Mayor Krauss took back the gavel. 4:00:28 8. Selection of the City of Bozeman Specialty License Plate (Fontenot) 4:00:38 Brit Fontenot, Assistant to the City Manager Mr. Fontenot gave the staff presentation regarding the Selection of the City of Bozeman Specialty License Plate. A total of eight designs were received by the Emerson Cultural Center and that number was narrowed down to three by City and Emerson staffs. These are The Most Livable Place by Ron Lambert, Downtown and Mountains by Mark Miller and The Road Less Traveled by Vinnie Urgo. 4:15:18 Motion and Vote to accept the Mark Miller license plate as is, with no slogan below (on the bottom). It was moved by Cr. Taylor, seconded by Cr. Becker to accept the Mark Miller license plate as is, with no slogan below (on the bottom). Those voting Aye being Crs. Taylor, Becker, Andrus and Mehl. Those voting No being Mayor Krauss. The motion passed 4-1. 4:15:54 9. (Re) Appointments to the City Planning Board (Kissel) 4:16:22 Mayor Krauss Mayor Krauss appointed Chris Budeski, Eugene Graf IV and Trever Mc Spadden were appointed by the Mayor to the Planning Board. 4:19:21 Mayor Krauss Mayor Krauss stated that he is going to think about the 4th appointment for a week. This item will come back on the next regular meeting agenda. 4:19:37 10. Appointment to the Senior Citizens' Advisory Board (Kissel) 4:19:42 Motion and Vote to approve (appoint) Peggy Tombre the Senior Citizens' Advisory Board. It was moved by Cr. Becker, seconded by Cr. Andrus to approve (appoint) Peggy Tombre the Senior Citizens' Advisory Board. Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 45 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 16 4:20:10 11. Appointments to the Community Alcohol Coalition (Kissel) 4:21:09 Motion and Vote to appoint Nicholas Guthneck to law enforcement and Keith Hart as the hospitality industry representative. It was moved by Cr. Becker, seconded by Cr. Mehl to appoint Nicholas Guthneck to law enforcement and Keith Hart as the hospitality industry representative. Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. I. FYI/Discussion 4:21:41 1. Red Mountain Letter Mr. Kukulski stated that he wanted the Commission to be aware of a letter that was sent from Red Mountain today asking that he get involved in a lease issue. Mr. Saunders stated that this is a letter asking that the City be involved in a lease issue. This is the old Coral West area in the Hasting Mall. 4:23:16 2. Report-DUI Mr. Sullivan spoke regarding the Bureau of Business and Economic Research out of the U of M that talks about alcohol related traffic accidents in Montana each year. Costs are estimated to be almost $650 million per year. 4:24:10 3. Appropriations Resolution Ms. Ulmen stated that the Appropriations Resolution has been updated and asked that those that are required to sign it do so after the meeting is adjourned. 4:24:26 4. Reminder of Work Session on February 16, 2010 Ms. Ulmen reminded the Commission about the 2 p.m. start time on Tuesday, February 16, 2010. 4:24:47 5. Development Project for Blast Site Mr. Saunders stated that a proposal has been received for the blast site. Mr. Saunders asked that the item be added to the 16th agenda as a critical consent Item regarding reclaiming jurisdiction of the Conditional Use Permit. The Mayor stated that this should be added to the agenda on the 16th. 4:25:18 6. Copies of the Transportation Plan Mr. Kukulski stated that he will send electronic copies to the Commission of the Transportation Plan. 46 Linked Minutes of the Bozeman City Commission Meeting, February 8, 2010 17 4:25:49 7. .5 FTE discussion related to the Planning Quarterly Report There were not 3 thumbs up to add the .5 FTE related to the TIF districts discussion related to the Planning Quarterly Report to the Agenda. 4:26:41 J. Adjournment Mayor Krauss adjourned the meeting at 10:32 p.m. ______________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 47