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HomeMy WebLinkAboutJanuary 31, 2011 Minutes.pdf 1 of 18 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 31, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday January 31, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. *These minutes are not word for word and should be considered in addition to the audio recording. 0:00:01 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:03 B. Pledge of Allegiance and a Moment of Silence 0:00:45 C. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:00:49 Chris Kukulski, City Manager Mr. Kukulski responded he had no changes to the agenda. 0:00:57 Mayor Krauss Mayor Krauss moved action items 2, 3, 4, 5 and 6 before action item 1. 0:01:37 D. Authorize Absence of Cr. Mehl 0:01:39 Motion and Vote to approve the absence of Commissioner Mehl. It was moved by Cr. Andrus seconded by Cr. Becker to approve the absence of Commissioner Mehl. Those voting Aye being Crs. Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:01:57 Public Comment Mayor Krauss opened public comment on the consent agenda. 7 January 31, 2011 City Commission Minutes 2 of 8 No person commented. Mayor Krauss closed public comment on the consent agenda. 0:02:03 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve the Beer & Wine or Liquor License renewals for Calendar Year 2011 (Neibauer) 3. Approve Resolution No. 4309, authorize City Manager to sign Bozeman Water Reclamation Facility, Phase 1 Improvements, Change Order No. 7 (Murray) 4. Approve Resolution No. 4310, authorizing the City Manager to sign Change Order No.19 in the amount of $7,749.79, (City of Bozeman portion), for the Lower Yard Vehicle Maintenance and HRDC Bus Barn (Goehrung) 0:02:22 Motion and Vote to approve consent items E. 1-4. It was moved by Cr. Becker, seconded by Cr. Taylor to approve consent items E. 1-4. Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:02:43 F. Public comment Mayor Krauss opened general public comment. No person commented. Mayor Krauss closed general public comment. 0:03:12 G. Action Items 0:03:16 2. Provisional Adoption of Ordinance No.1798 Generally Revising Chapter 12.32 of the Bozeman Municipal Code Related to Permitting of Parades and Public Assembly Permits (Sullivan/Arkell) 0:04:12 Debbie Arkell, Director of Public Works Ms. Arkell provided the presentation on this item. 0:14:11 Greg Sullivan, City Attorney Mr. Sullivan added to Ms. Arkell's presentation explaining that within section 29 of the new ordinance violations of 12.32 become a civil penalty rather than criminal. 0:14:53 Cr. Becker Cr. Becker began questions for staff. 0:25:27 Cr. Taylor Cr. Taylor continued questions for staff. 8 January 31, 2011 City Commission Minutes 3 of 8 0:30:40 Cr. Andrus Cr. Andrus continued questions for staff. 0:36:06 Mayor Krauss Mayor Krauss continued questions for staff. 0:49:48 Public Comment Mayor Krauss opened public comment on this item. 0:50:07 Len Albright, Public Comment Mr. Albright with the American Legion Post 14 requested that the American Legion Memorial Day Parade be added to the 12.32.030 F. definitions section of the ordinance as a recognized annual community event. 0:54:00 Ellie Staley, Public Comment Ms. Staley with the Downtown Bozeman Partnership requested that additional events be added as recognized community events. These events are the Cruisin' on Main Car Show, the MSU Homecoming pep rallies and the MSU Cat-Griz pep rally. She also mentioned that she had sent comments regarding this ordinance to the Commission from the Downtown Bozeman Partnership and also stated what a great relationship the Partnership has had with the City on past street closures. 0:56:34 Cr. Andrus Cr. Andrus asked a question of Ms. Staley. 0:58:23 Motion, Discussion and Vote 0:58:25 Public comment closed. Seeing no further public comment, Mayor Krauss closed public comment. 0:58:39 Motion to provisionally adopt Ordinance No. 1798, amending chapter 12.32 of the Bozeman Municipal Code, Parades and Public Assemblies. It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1798, amending chapter 12.32 of the Bozeman Municipal Code, Parades and Public Assemblies. 0:59:02 Cr. Taylor Cr. Taylor began discussion on the motion. 1:01:11Mayor Krauss Mayor Krauss continued discussion on the motion. 1:07:23 Cr. Andrus Cr. Andrus provided discussion on this item. 9 January 31, 2011 City Commission Minutes 4 of 8 1:09:36 Cr. Becker Cr. Becker continued discussion on this item. 1:12:33 Motion to amend section 10.32.030 section F. Recognized community events to include the Cruisin on Main Car Show, the American Legion Memorial Day Parade, semi- annual MSU pep rallies or city of Bozeman sponsored events. It was moved by Cr. Becker, seconded by Cr. Taylor to amend section 10.32.030 section F. Recognized community events to include the Cruisin on Main Car Show, the American Legion Memorial Day Parade, semi-annual MSU pep rallies or city of Bozeman sponsored events. 1:13:41 Cr. Andrus Cr. Andrus began discussion on the motion. 1:15:02 Greg Sullivan, City Attorney Mr. Sullivan provided a legal opinion on the item. 1:16:00 Vote on the motion to amend section 10.32.030 F. Recognized community events to include the Cruisin on Main Car Show, the American Legion Memorial Day Parade, semi- annual MSU pep rallies or city of Bozeman sponsored events. Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:16:09 Cr. Becker Cr. Becker continued discussion on the item. 1:17:44 Mr. Sullivan Mr. Sullivan clarified that the Commission suggested staff re-examine the terminology of aggrieved person and persons directly affected when the Ordinance comes back for second reading. 1:20:38 Cr. Taylor Cr. Taylor continued discussion on this item. 1:23:36 Motion and Vote to delete section 12(32.110) from the Ordinance. It was moved by Cr. Taylor, seconded by Cr. Andrus to delete section 12(32.110) from the Ordinance. Those voting Aye being Crs. Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 10 January 31, 2011 City Commission Minutes 5 of 8 1:24:18 Further Commission discussion occurred on this item. 1:29:45 Mr. Kukulski Mr. Kukulski confirmed that the Commission would like staff, if appropriate, to come up with language that shows staff are not attempting to have all applications heard by the Commission. 1:34:51 Cr. Taylor Cr. Taylor continued discussion on this item. 1:36:28 Mr. Sullivan Mr. Sullivan spoke explained that Main Street is a limited public forum. 1:40:43 Cr. Becker Cr. Becker asked that staff provide possible alternatives to closing main so applicants can be directed to other areas when appropriate. He also directed staff to contact the boards related to downtown to provide an opportunity for feedback. 1:42:19 Cr. Taylor Cr. Taylor said he would like to see alternative approaches that would close some of the gap in the price between what we charge and what it actually costs. Further discussion occurred on this topic. 1:52:49 Motion and Vote to continue the decision on this item for three weeks. It was moved by Cr. Becker, seconded by Cr. Taylor to continue the decision on this item for three weeks. Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 1:54:25 Mr. Sullivan Mr. Sullivan indicated his preference that Ordinance 1798 and Ordinance 1801 become affective at the same time. 1:55:02 3. Provisional Adoption of Ordinance No. 1801, Revisions to Chapter 12.26 of the Bozeman Municipal Code, Park Permits, Providing for Revisions to the Regulations and approval of Park Permits (Dingman) 1:55:03 Ron Dingman, Parks and Recreation Director Mr. Dingman provided the staff presentation on this item. 1:59:30 The Mayor and Commission asked questions of staff. 11 January 31, 2011 City Commission Minutes 6 of 8 2:03:50 Public Comment Mayor Krauss opened public comment. Seeing none, he closed public comment and opened motion, discussion and vote. 2:04:26 Motion to provisionally adopt Ordinance No. 1801 amending chapter 26, article 2 section 12.26 of the Bozeman Municipal Code, park regulations. It was moved by Cr. Andrus, seconded by Cr. Taylor to provisionally adopt Ordinance No. 1801 amending chapter 26, article 2 section 12.26 of the Bozeman Municipal Code, park regulations. 2:04:47 Discussion on the motion. 2:05:15 Vote on the motion to provisionally adopt Ordinance No. 1801 amending chapter 26, article 2 section 12.26 of the Bozeman Municipal Code, park regulations. Those voting Aye being Crs. Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:06:31 4. Reappointments to the Zoning Commission (Kissel) 2:06:35 Motion and Vote to appoint Nathan Minnick and Edward Sypinski (to the Zoning Commission). It was moved by Cr. Becker, seconded by Cr. Taylor to appoint Nathan Minnick and Edward Sypinski (to the Zoning Commission). Those voting Aye being Crs. Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:07:13 5. (Re)Appointments to the Planning Board (Kissel) 2:08:19 The Mayor and Commission discussed the item. 2:09:29 Motion to re-appoint Edward Sypinski to the Planning Board. It was moved by Cr. Taylor, seconded by Cr. Andrus to re-appoint Edward Sypinski to the Planning Board. Those voting Aye being Crs. Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 12 January 31, 2011 City Commission Minutes 7 of 8 2:10:00 Cr. Taylor Cr. Taylor requested additional time to speak with the new applicant for the Planning Board before making an appointment decision. 2:10:34 6. Appointment to the Tree Advisory Board (Kissel) 2:10:43 Motion and Vote to appoint Jennifer Weiss to the Tree Advisory Board. It was moved by Cr. Andrus, seconded by Cr. Becker to appoint Jennifer Weiss to the Tree Advisory Board. Those voting Aye being Crs. Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:10:59 Break Mayor Krauss called for a break. 2:26:52 Meeting called back to order. Mayor Krauss called the meeting back to order from break. 2:27:00 1. 2010-2011 Work Plan Update and Development of 2011-2012 Goals Continuation from January 24, 2011 (Kukulski) 2:27:02 Mr. Kukulski Mr. Kukulski explained that the IT department, Police Department and Parks will be presented tonight, taking approximately fifteen minutes each. 2:27:34 Information Technology Department 2:27:40 Brendan Steele, IT Director Mr. Steele spoke regarding the IT's ongoing goals and priorities. 2:31:15 Discussion occurred between the Mayor, Commissioners and staff on IT issues, goals and priorities. 2:48:39 Police Department 2:48:42 Ron Price, Police Chief Police Chief Price spoke regarding ongoing priorities and then went into where the Police Department would like to go in the next year. 2:58:31 The Mayor, Commissioners and staff began discussion regarding the Police Department priorities and issues. 3:02:27 Parks and Recreation Department 13 January 31, 2011 City Commission Minutes 8 of 8 3:02:41 Ron Dingman, Parks and Recreation Director Mr. Dingman presented the ongoing priorities for the Parks, Recreation and Cemetery Department. 3:08:52 The Mayor, Commissioners and staff began discussion regarding the Parks and Recreation Department priorities and issues. 3:19:57 Mr. Kukulski Mr. Kukulski explained that the Public Service Department and Planning Department will be presenting at the next meeting on February 14th. 3:20:14 Mr. Kukulski Mr. Kukulski answered a question raised earlier in the meeting saying that water, sewer, garbage, street, tree and lighting bills can now be paid online with credit cards. 3:21:08 H. FYI 3:21:15 1. Dedication of streamline / Lower Yards Facility The dedication of the Streamline (HRDC) / Lower yards facility will take place Wednesday with Commission and staff attending. 3:21:25 2. Economic Seminar An Economic Seminar will take place this Wednesday with Commission and staff attending. 3:22:13 3. Bill Draft Cr. Andrus mentioned a bill draft she and Mr. Kukulski will be working on. 3:22:26 4. Plan for March 14th The Mayor and Commissioners spoke regarding cancelling the meeting of March 14th due to spring break. 3:23:10 I. Adjournment Mayor Krauss adjourned the meeting at 9:29 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: _____________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 14