HomeMy WebLinkAbout12-07-2009 Minutes, City CommissionLINKED 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 - fa 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.
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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. I 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.
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It was moved by Cr. Becker, seconded by Cr. Krauss to a rove consent items H. 1 -9.
Those voting Ale being Crs. Becker Krauss B son and Ma or 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 Jenny Caulette, Gallatin County DU"I 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..
0:18:101. 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. B son to approve the minutes from
November 5 2009 policy meetin November 9 2009 and November 16 2009.
Those voting Aye being Crs. Krauss B` son 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
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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 Ttems
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.
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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. Br son, seconded by Cr. Krauss to provisionally ado Ordinance
v
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.
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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 votin_Z.Aye being Crs._ Bryson, Krauss, Rupp, Becker and Ma or 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, ado tin
a memorandum of understanding and agreement between the Bozeman City Commission
and Bozeman Parking Commission to support shared authorily 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.
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2:31:3 7 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. Rup% Becker, Krauss, Bryson and Major 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 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 fundin g fora 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.
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j3o „emcrrr ('In ('carnmdssion .l9irtz1,10S, December -, Z'009
2:39:47 Vote on the motion to approve amending Commission Resolution 4206 to include
funding for a grants specialist.
Those voting Ave 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 Ave 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.
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2:46:15 Motion and Vote to appoint Boone Nolte to the Historic Preservation Advisory
Board to the professional category.
It was moved b j Cr. Bryson, seconded by Cr. Rupp to appoint Boone Nolte to the Historic
Preservation Advisory Board to the professional catego .
Those voting Aye being Crs. BElson, 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 b3: Cr. Krauss to appoint Taylor Lonsdale to the
North Seventh Urban Renewal Board.
Those voting Aye being Crs. Rupp, Krauss, Bryson, Becker and Major 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 a Katelyn Mill er to the
Recreation and Parks, Advisory Board.
Those voting Aye being Crs. Krauss, Bason, Rupp, Becker and Ma or 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 ajob 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.
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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 21 st 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. lie 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 21 st 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.
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Aimee Kissel, Deputy City Clerk
Approved on q -- o _ o to
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