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HomeMy WebLinkAboutDecember 7, 2009 Minutes.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Kissel, Deputy City Clerk Stacy Ulmen, CMC, City Clerk Chris A. Kukulski, City Manager SUBJECT: Approval of December 2009 Regular Meeting Minutes MEETING DATE: September 20, 2010 MEETING TYPE: Minutes for Approval RECOMMENDATION: Approve the Minutes from the Regular Commission Meeting of December 7, 2009. BACKGROUND: During an internal audit of our documents, Ms. Ulmen discovered the minutes of 12-7-09 were inadvertently overlooked. These minutes are from a meeting of a prior Commission, so approval from the original attendees is problematic. While three of the present Commissioners were not serving in December of 2009, the audio recording of the meeting is available for reference to verify the accuracy of these minutes. ALTERNATIVES: · Approve the minutes from December 7, 2009 as submitted. · As suggested by the City Commission. Attachment: Text Minutes for December 7, 2009 On-line audio recording of this meeting available at: http://weblink.bozeman.net/WebLink8/0/doc/40494/Electronic.aspx Memorandum completed on September 10, 2010 6 1 of 11 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 7, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, December 7, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager, Chris Kukulski, Finance Director, Anna Rosenberry, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. * Please refer to the audio recording of this meeting for additional detail. A. Call to Order – Executive Session – 5 p.m. – Commission Room, City Hall, 121 North Rouse B. Executive Session – Personnel Matter Mayor Jacobson closed the meeting to the public pursuant to Sect. 2-3-203(3), MCA, finding that the meeting relates to a matter of individual privacy and the demands of individual privacy exceeds the merits of public disclosure. *A separate set of Minutes have been prepared for the Executive Session. 0:00:01 C. Call to Order - Regular Meeting - 6 p.m. 0:00:03 D. Pledge of Allegiance and a Moment of Silence 0:00:29 E. Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:00:35 Chris Kukulski Mr. Kukulski added a third public service announcement to the agenda regarding freezing water pipes and asked that Mayoral Proclamation item J. be moved up to directly after the consent agenda. 0:01:19 F. Public Service Announcements 0:01:21 1. Assistance with Clearing Snow and Movement of Parked Vehicles 0:01:22 Rich McLane, Bozeman Police Department Lieutenant Lieutenant McLane provided information regarding snow plowing and clearing. 7 Bozeman City Commission Minutes, December 7, 2009 2 of 11 0:04:28 2. City Office closures due to Holidays in December (Ulmen) 0:04:32 Stacy Ulmen, City Clerk Ms. Ulmen gave an announcement explaining office closure dates for December and January. 0:06:19 3. Freezing Pipes (Arkell) 0:06:25 Debbie Arkell, Public Works Director Ms. Arkell spoke regarding the need for citizens to check their water lines and take measures to protect their water pipes from freezing. 0:08:21 H. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Amendment No. 1 to Professional Services Agreement for Hyalite/Sourdough Water Treatment Plant Replacement Project with HDR Engineering (Murray) 3. Authorize the Mayor to sign the Findings of Fact and Order for the Lower Yards/Human Resource Development Council (HRDC) Minor Subdivision No. P-09004 (Krueger) 4. Authorize the Mayor to sign the Findings of Fact and Order for the Story Mansion Minor Subdivision No. P-09012 (Riley) 5. Approve Lease Agreement with MSU-Extended University for space in the Alfred M. Stiff Professional Building (Goehrung) 6. Approve Beer, Wine and Liquor License Renewals for Calendar Year 2010 (Neibauer) 7. Approve Resolution No. 4225, Amending Family Swim Pass Fees (Winn) 8. Approve Mayoral Proclamation Declaring December 2009 Drunk and Drugged Driving Prevention Month (Kissel) 9. Finally Adopt Ordinance No. 1776, Creating Exemptions from Assessments of the Bozeman Tourism Business Improvement District (Sullivan) 0:08:30 Public comment on consent. Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:08:45 Cr. Rupp Cr. Rupp recused himself from the vote on the consent agenda due to a conflict of interest on item 3. 0:08:53 Motion and Vote to approve Consent Items H. 1-9. 8 Bozeman City Commission Minutes, December 7, 2009 3 of 11 It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items H. 1-9. Those voting Aye being Crs. Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 0:09:12 J. Mayoral Proclamation Mayor Jacobson read aloud a Mayoral Proclamation Declaring December 2009 Drunk and Drugged Driving Prevention Month. 0:12:08 Jenna Caplette, Gallatin County DUI Taskforce Ms. Caplette spoke regarding the negative affects within the community of drunk and drugged driving. 0:15:41 Jenny Haubenrieser, Director of Health Promotion at Montana State and Chair of the Community Alcohol Coalition Ms. Haubenreiser relayed support for the Mayoral Proclamation and extended appreciation to the Commission for taking this kind of stand. She then spoke about the role of the Community Alcohol Coalition. 0:18:10 I. Public Comment Mayor Jacobson opened general public comment. No person commented. Mayor Jacobson closed public comment. 0:18:34 G. Minutes - November 5, 2009 Policy Meeting, November 9, 2009 and November 16, 2009 0:18:45 Motion and Vote to approve the minutes from November 5, 2009 policy meeting, November 9, 2009 and November 16, 2009. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the minutes from November 5, 2009 policy meeting, November 9, 2009 and November 16, 2009. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:19:06 K. Special Presentation - Update on Cleanup and Reimbursement for CMC Asbestos Facility 9 Bozeman City Commission Minutes, December 7, 2009 4 of 11 0:19:36 Tim Cooper, Staff Attorney Mr. Cooper gave the staff presentation on this item providing extensive history in addition to the update. 0:47:51 Cr. Krauss Cr. Krauss asked about the financial cost of this cleanup. 0:48:17 Mr. Cooper Mr. Cooper provided financial details on this clean up. 0:51:47 Anna Rosenberry, Finance Director Ms. Rosenberry provided additional financial information regarding this issue. 0:54:41 Mr. Cooper Mr. Cooper responding to a question from Cr. Krauss regarding the next step in the process said that DEQ asked the City to respond to their comments and incorporate their comments into the construction completion report by December 10th. Tetra Tech may need a brief extension on that deadline. 0:56:28 L. Action Items 0:56:45 1. Provisional Adoption of Ordinance No. 1775, Amending Chapter 2.01, Bozeman Municipal Code (Code of Ethics) to include Provisions related to Improper Governmental Action and Others (Sullivan) 0:58:07 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation on this item, first speaking about the changes made to the code of ethics that the Commission had requested. 1:08:05 Cr. Krauss Cr. Krauss began questions for staff. 1:08:40 Mr. Sullivan Mr. Sullivan continued the staff presentation. 1:10:47 Cr. Krauss Cr. Krauss continued questions for staff. 1:12:45 Cr. Becker Cr. Becker continued questions for staff. 1:15:23 Mr. Sullivan Mr. Sullivan continued the staff presentation with section ten. 10 Bozeman City Commission Minutes, December 7, 2009 5 of 11 1:22:53 Cr. Bryson Cr. Bryson continued questions for staff. 1:25:37 Mr. Sullivan Mr. Sullivan continued his staff presentation, moving on to the changes in the Ordinance that staff and the Board of Ethics had identified. 1:40:59 Cr. Rupp Cr. Rupp continued questions for staff. 1:57:10 Mr. Sullivan Mr. Sullivan continued with the staff presentation going on to sections 8 and 9, post employment activities. 2:06:19 Cr. Krauss Cr. Krauss suggested that sections 8 and 9 (post employment activities) be re-written to mirror state law. 2:12:07 Mr. Sullivan Mr. Sullivan requested that if the Commission asks the Board of Ethics for further discussion on sections 8 and 9 some more, they also ask the Board to revise section 7- conflict of interest. He also explained another issue the Board was concerned about in section 7 that was not addressed with this Ordinance. 2:14:00 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:14:52 Motion to provisionally adopt Ordinance 1775 but striking provision seven, eight and nine for further review. It was moved by Cr. Bryson, seconded by Cr. Krauss to provisionally adopt Ordinance 1775 but striking provision seven, eight and nine for further review. 2:15:33 Mr. Sullivan Mr. Sullivan explained section 11 in the proposed Ordinance. 2:15:58 Cr. Becker Cr. Becker began discussion on the motion asking about section 10 d. 5 action as defined. 2:16:11 Cr. Krauss Cr. Krauss said this (section 10 d. 5) should say, 'reporting any other improper governmental action as defined in this Chapter. 11 Bozeman City Commission Minutes, December 7, 2009 6 of 11 2:16:23 Cr. Bryson Cr. Bryson said the intent of his motion would incorporate the verbiage just provided by Cr. Krauss. Cr. Krauss concurred with the intent for his second. 2:16:28 Vote on the motion to provisionally adopt Ordinance 1775 but striking provision seven, eight and nine for further review. Those voting Aye being Crs. Bryson, Krauss, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:16:41 Cr. Krauss Cr. Krauss thanked Greg Sullivan and the hard working members of the Board of Ethics who are getting a lot accomplished. 2:17:10 Mayor Jacobson Mayor Jacobson echoed Cr. Krauss' thanks. 2:18:23 2. Resolution No. 4223, Adopting a Memorandum of Understanding and Agreement between the Bozeman City Commission and Bozeman Parking Commission to support Shared Authority to enforce Parking Regulations (McLane) 2:18:34 Rich McLane, Bozeman Police Department Lieutenant Lieutenant McLane provided the staff presentation on this item. 2:27:50 Cr. Bryson Cr. Bryson began questions for staff. 2:29:31 Public comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:29:50 Motion to adopt Resolution No. 4223, adopting a memorandum of understanding and agreement between the Bozeman City Commission and Bozeman Parking Commission to support shared authority to enforce parking regulations. It was moved by Cr. Rupp, seconded by Cr. Becker to adopt Resolution No. 4223, adopting a memorandum of understanding and agreement between the Bozeman City Commission and Bozeman Parking Commission to support shared authority to enforce parking regulations. 2:30:26 Cr. Bryson Cr. Bryson began discussion on the motion suggesting that information be collected as to the location tickets are written and explained why he felt this would be helpful. 12 Bozeman City Commission Minutes, December 7, 2009 7 of 11 2:31:37 Cr. Rupp Cr. Rupp explained this Resolution was the work of about four years by the Parking Commission. He thanked them and Lieutenant McLane for their work in this long process. 2:32:34 Vote on the motion to adopt Resolution No. 4223, adopting a memorandum of understanding and agreement between the Bozeman City Commission and Bozeman Parking Commission to support shared authority to enforce parking regulations. Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:32:55 3. Resolution No. 4224, Amending Commission Resolution No. 4206 (Appropriation Resolution) to include funding for Grants Specialist and Economic Development Specialist Positions (Rosenberry) 2:33:09 Anna Rosenberry, Finance Director Ms. Rosenberry provided the staff presentation on this item, opening the public hearing. 2:34:25 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:34:26 Mayor Jacobson Mayor Jacobson closed the public hearing and opened discussion, motion and vote. She then suggested that the Economic Development Specialist not be funded at this time and explained her reasoning. 2:35:46 Motion to approve amending Commission Resolution 4206 to include funding for a grants specialist. It was moved by Cr. Becker, seconded by Cr. Krauss to approve amending Commission Resolution 4206 to include funding for a grants specialist. 2:37:04 Cr. Krauss Cr. Krauss began discussion on the motion. 2:38:21 Cr. Rupp Cr. Rupp continued discussion on the motion. 2:39:06 Mayor Jacobson Mayor Jacobson continued discussion on the motion. 13 Bozeman City Commission Minutes, December 7, 2009 8 of 11 2:39:47 Vote on the motion to approve amending Commission Resolution 4206 to include funding for a grants specialist. Those voting Aye being Cr. Becker and Mayor Jacobson. Those voting No being Crs. Krauss, Bryson and Rupp. The motion failed 2-3. 2:41:10 Cr. Becker Cr. Becker clarified his vote on the last motion. 2:42:18 Mayor Jacobson Mayor Jacobson spoke to her vote on the motion. 2:43:34 Motion and Vote to approve Resolution No. 4224, amending Commission Resolution No. 4206 (appropriation resolution) to include funding for grants specialist and economic development specialist positions. It was moved by Cr. Krauss, seconded by Cr. Becker to approve Resolution No. 4224, amending Commission Resolution No. 4206 to include funding for a grants specialist and an economic development specialist. Those voting Aye being Crs. Krauss, Becker, and Mayor Jacobson. Those voting No being Cr. Bryson and Rupp. The motion passed 3-2. 2:44:47 4. Provisional Adoption of Ordinance No. 1769, Amending Title 18, Unified Development Ordinance, Bozeman Municipal Code (opened and continued from November 23, 2009) 2:45:11 Mayor Jacobson Mayor Jacobson decided to skip action item four due to lack of time. 2:45:20 Motion and Vote to continue provisional adoption of Ordinance 1769 until next week. It was moved by Cr. Krauss, seconded by Cr. Bryson to continue provisional adoption of Ordinance 1769, amending Title 18 until next week. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:46:13 6. Appointment to the Bozeman Historic Preservation Advisory Board. 14 Bozeman City Commission Minutes, December 7, 2009 9 of 11 2:46:15 Motion and Vote to appoint Boone Nolte to the Historic Preservation Advisory Board to the professional category. It was moved by Cr. Bryson, seconded by Cr. Rupp to appoint Boone Nolte to the Historic Preservation Advisory Board to the professional category. Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:46:37 5. Appointment to the North Seventh Urban Renewal Board (Kissel) 2:46:39 Motion and Vote to appoint Taylor Lonsdale to the North Seventh Urban Renewal Board. It was moved by Cr. Rupp, seconded by Cr. Krauss to appoint Taylor Lonsdale to the North Seventh Urban Renewal Board. Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:47:33 7. Appointment to the Recreation and Parks Advisory Board (Kissel) 2:47:34 Motion and Vote to appoint Katelyn Miller to the Recreation and Parks Advisory Board. It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Katelyn Miller to the Recreation and Parks Advisory Board. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 2:48:01 M. FYI/Discussion 2:48:22 1. Commissioner Eric Bryson accepted a job offer in Lewis and Clark County. Cr. Bryson informed everyone he accepted a job offer to be the County Administrative Officer in Lewis and Clark County today. Tentatively he would be starting his new position in mid January. He will turn in his resignation to the new Commission and work to replace this position at that time. 15 Bozeman City Commission Minutes, December 7, 2009 10 of 11 2:48:58 Mayor Jacobson Mayor Jacobson congratulated Commissioner Bryson. 2:49:26 2. Discuss cancelling the December 21st Regular City Commission Meeting due to the Christmas Holiday (Kukulski) City Manager Chris Kukulski reminded the Commission the December 21st regular City Commission meeting has been cancelled. He informed the Commission that staff does need the December 28th meeting for special requirements for grant funding with stimulus funds and our waste water treatment plant. He asked whether the Commission would also like final adoption of the ethics ordinance provisionally adopted tonight, on the December 28th meeting. 2:49:34 Cr. Krauss Cr. Krauss indicated the Commission would like to finish the ethics Ordinance on December 28th. 2:50:05 Mr. Kukulski Mr. Kukulski explained that there would only be two action items along with consent items on the December 28th agenda with a start time of noon. 2:50:17 Cr. Rupp Cr. Rupp would like the Commission to keep open the December 21st meeting date in case it is needed, prompting discussion among the Commission and staff regarding finishing the Unified Development Ordinance revisions. 2:52:36 Mayor Jacobson Mayor Jacobson requested that the provisional adoption of Ordinance No. 1769, amending the Unified Development Ordinance be the first action item during the next meeting. 2:52:44 Aimee Kissel, Deputy City Clerk Ms. Kissel asking whether the Commission would like to hear the draft agenda for December 14th and receiving an affirmative, read aloud the agenda. 2:54:27 3. Historic Preservation Funds Mayor Jacobson informed the Commission that the state historic preservation funds have 3.6 million dollars allocated with 20 million dollars worth of requests. In Bozeman there were eight requests. She provided details about which projects had requested funds in Bozeman and the dollar amounts requested in Bozeman and Livingston. 2:55:54 N. Adjournment Seeing no further FYI, Mayor Jacobson adjourned the meeting at 9:45 p.m. 16 Bozeman City Commission Minutes, December 7, 2009 11 of 11 ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 17