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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 31, 2011
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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 ___________________________.
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