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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)
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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)
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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.
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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.
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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 Debnev, 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.
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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 Cvndv 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 Seal, 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
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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)
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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 Ave 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.
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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.
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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.
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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)
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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.
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