HomeMy WebLinkAbout12-10-07_November 13, 2007_51
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 13, 2007
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The Commission of the City of Bozeman met in the City Commission Room, City Hall, 411 East
Main Street, on Tuesday, November 13, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr.
Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Finance
Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Paul Luwe, and City
Clerk Stacy Ulmen.
0:04:42 A. Call to Order -6:00 pm -City Commission Room, City Hall, 411 East Main
Street
0:04:57 B. Pledge of Allegiance and a Moment of Silence
0:06:05 D. Authorize the Absence of Cr. Rupp
0:06:06 Motion and Vote to authorize the absence of Cr. Rupp.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to authorize the absence of Cr.
Rupp.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:06:24 E. Minutes -June 11, 2007, September 21, 2007 Joint City-County Meeting, and
the September 27, 2007 Policy Meeting.
0:06:31 Motion and Vote to approve the minutes of June 11, 2007, September 21, 2007 Joint
City-County Meeting, and the September 27, 2007 Policy Meeting.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve the minutes of June
11, 2007, September 21, 2007 Joint City-County Meeting, and the September 27, 2007
Policy Meeting.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:06:44 F. Consent
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1. Authorize Payment of Claims (LaMeres)
2. Approve Sub-Committee Appointments of Crs. Jacobson and Kirchhoff to review
Pledged Securities through June 30, 2007 (Clark)
3. Approve Sub-Committee Appointments of Crs. Rupp and Becker to review
Pledged Securities through September 30, 2007 (Clark)
4. Authorize City Manager to sign a Trail Corridor Easement for South Towne
Square Site Plan #Z-07051 (Krueger)
5. Authorize City Manager to sign a South Towne Square Sidewalk Easement
(Murray)
6. Authorize City Manager to sign a Conditional Irrevocable Offer of Dedication for
South Towne Square Site Plan #Z-07051 (Krueger)
7. Approve a Beer and Wine License for Vino per Tutti at 315 East Main Street
(Neibauer)
8. Authorize City Manager to sign the Public Park Easement, Public Access
Easement, Sewer and Water Pipeline and Access Easement and Agreement,
Public Access and Utility Easement, and Drainage Easement for the Annie Street
Cottages Development (Heaston)
0:06:46 Public Comment
Mayor Krauss opened the public comment.
No person commented.
Mayor Krauss closed public comment.
0:06:58 Motion and Vote to approve Consent items F. 1-8.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve Consent items F 1-8.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:07:16 G. Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:07:44 H. Action Items
0:07:46 1. Provisional Adoption of Ordinance No. 1727, Rules of Procedure, moved
from November 5, 2007 (Luwe)
0:07:56 Paul Luwe, City Attorney
Mr. Luwe explained that the Bozeman Charter requires that the Rules of Procedure be in
Ordinance format.
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0:08:58 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:33:57 Motion to adopt Ordinance No. 1727, Rules of Procedure.
It was moved by Cr. Jacobson, seconded by Cr. Becker to adopt Ordinance No. 1727, Rules
of Procedure.
0:34:15 Discussion
0:41:00 Mayor Krauss turned the gavel over to Mayor Pro Tem Jacobson.
0:41:06 Amendment to the Main Motion to change "will" to "may" on page 228, F. Policy
Meetings. Insert in 2.04.100 Robert's Rules of Order, where it says "unless otherwise
specifically provided herein or provided by statute, or as agreed upon by Commission
Majority and the presiding officer". After Pledge, insert the words "of Allegiance",
2.04.110, Agenda B.1. Under 2.04.170 Order of Presentation, A.1. “The City Manager”
insert the words "or Designee". Under 2.04.170 A.11, after "the City Clerk shall read into
the record ", insert the words "or provide the Commission a copy of all correspondence”.
Under 2.04.170, also add paragraph K. which will read "except for the provisions of
2.04.160 E. Commissioners have a duty to vote". Under 2.04.190 B. eliminate the last
sentence of the paragraph that starts "In the case of statutorily authorized Mayor
Appointments...". G. Page 228, Insert language that "in the event of an emergency
declared by the Mayor or Deputy Mayor, a meeting can be called with less than 12 hours
notice by the Mayor or Deputy Mayor”. Change 2.04.040, G. to “The Mayor”, and any
"three" members of the Commission.
It was moved by Cr. Pro Tem Krauss, seconded by Cr. Becker the amendment to the main
motion, to change "will" to "may" on page 228, F. Policy Meetings. Insert in 2.04.100
Robert's Rules of Order, where it says "unless otherwise specifically provided herein or
provided by statute, or as agreed upon by Commission Majority and the presiding officer".
After Pledge, insert the words "of Allegiance", 2.04.110, Agenda B.1. Under 2.04.170 Order
of Presentation, A.1. “The City Manager” insert the words "or Designee". Under 2.04.170
A.11, after "the City Clerk shall read into the record ", insert the words "or provide the
Commission a copy of all correspondence”. Under 2.04.170, also add paragraph K. which
will read "except for the provisions of 2.04.160 E. Commissioners have a duty to vote".
Under 2.04.190 B. eliminate the last sentence of the paragraph that starts "In the case of
statutorily authorized Mayor Appointments...". G. Page 228, Insert language that "in the
event of an emergency declared by the Mayor or Deputy Mayor, a meeting can be called
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with less than 12 hours notice by the Mayor or Deputy Mayor”. Change 2.04.040, G. to
“The Mayor”, and any "three" members of the Commission.
0:46:44 Vote on the Amendment to the Main Motion to change "will" to "may" on page
228, F. Policy Meetings. Insert in 2.04.100 Robert's Rules of Order, where it says "unless
otherwise specifically provided herein or provided by statute, or as agreed upon by
Commission Majority and the presiding officer". After Pledge, insert the words "of
Allegiance", 2.04.110, Agenda B.1. Under 2.04.170 Order of Presentation, A.1. “The City
Manager” insert the words "or Designee". Under 2.04.170 A.11, after "the City Clerk
shall read into the record ", insert the words "or provide the Commission a copy of all
correspondence”. Under 2.04.170, also add paragraph K. which will read "except for the
provisions of 2.04.160 E. Commissioners have a duty to vote". Under 2.04.190 B. eliminate
the last sentence of the paragraph that starts "In the case of statutorily authorized Mayor
Appointments...". G. Page 228, Insert language that "in the event of an emergency
declared by the Mayor or Deputy Mayor, a meeting can be called with less than 12 hours
notice by the Mayor or Deputy Mayor”. Change 2.04.040, G. to “The Mayor”, and any
"three" members of the Commission.
Those voting Aye being Cr. Pro Tem Krauss, Crs. Becker, Kirchhoff, and Mayor Pro Tem
Jacobson.
Those voting No being none.
The motion carried 4-0.
0:47:33 Vote on the Main Motion to adopt Ordinance No. 1727, Rules of Procedure.
Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:47:51 2. Provisional Adoption of Ordinance No. 1729, Budget Administration, moved
from November 5, 2007 (Rosenberry)
0:48:00 Anna Rosenberry, Director of Finance
Ms. Rosenberry explained that Ordinance No. 1729 seeks to address the budget administration
oversight issues within the Charter provisions.
0:50:00 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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0:50:33 Discussion
0:56:21 Motion and Vote to Provisionally Adopt Ordinance No. 1729, Budget
Administration.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff to provisionally adopt Ordinance
No. 1729, Budget Administration.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:56:40 3. Buy/Sell Agreement for Retail Space located at the Intermodal Facility
(Downtown Parking Garage) (Rosenberry)
0:57:00 Ms. Rosenberry
Ms. Rosenberry went over the buy/sell agreement.
1:04:12 Mayor Krauss
Mayor Krauss stated that he wanted to make sure that the 30 "phantom spaces" for the retail
space are clearly identified in the agreement.
1:07:43 Public Comment
Mayor Krauss opened public comment.
1:07:58 Chris Pope, Parking Commission
Mr. Pope of 1508 South Wilson, spoke regarding the Parking Commission’s support.
1:11:33 Public Comment closed.
1:11:47 Motion to authorize the City Manager to sign the agreement to Sell and Purchase
the retail space associated with the Downtown Bozeman Intermodal Facility according to
the terms and conditions outlined in the Agreement.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to authorize the City Manager to
sign the agreement to Sell and Purchase the retail space associated with the Downtown
Bozeman Intermodal Facility according to the terms and conditions outlined in the
Agreement.
1:11:59 Discussion
1:12:10 Vote on the Main Motion to authorize the City Manager to sign the agreement to
Sell and Purchase the retail space associated with the Downtown Bozeman Intermodal
Facility according to the terms and conditions outlined in the Agreement.
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Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
1:12:22 4. Provisional Adoption of Ordinance No. 1726, Ethics (Luwe)
1:12:34 Mr. Luwe
Mr. Luwe clarified the Ordinance number and went through the proposed Ethics Ordinance.
1:19:15 Public Comment
Mayor Krauss opened public comment.
1:19:25 Bill Hayward, 325 Concord Drive, member of the Local Government Study
Commission
Mr. Hayward read a letter from Loren Olson who chaired the Study Commission asking that the
Commission take additional citizen input. Mr. Hayward stated that he supports Mr. Olson's
letter.
1:22:44 Brian Close 1140 Cherry Drive, member of the Local Government Study Commission
Mr. Close spoke regarding his concerns with the Ethics Ordinance.
1:42:18 Public Comment closed.
Mayor Krauss closed public comment.
1:42:24 Mr. Luwe
Mr. Luwe followed up on Mr. Close's concerns.
2:08:43 Motion to provisionally adopt Ordinance No.1726.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to provisionally adopt
Ordinance No.1726.
2:08:57 Discussion
2:11:18 Vote on the Motion to provisionally adopt Ordinance No.1726.
Those voting Aye being Cr. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:11:46 Break
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2:20:32 5. Amendments to Ordinance No. 1621, Setting the Compensation for the City
Commission and Mayor (Kukulski)
2:20:51 Mr. Kukulski
Mr. Kukulski asked the Commission if they wanted to amend Ordinance No. 1621, setting the
compensation for the City Commission and the Mayor.
2:22:58 Mayor Krauss
Mayor Krauss went over the amount of meetings other cities in the state attend and how they
compare to Bozeman. Mayor Krauss went over the current stipend amounts for the City
Commission.
2:25:40 Mr. Kukulski
Mr. Kukulski stated that the last time the Ordinance was amended was in 2004.
2:27:02 Mayor Krauss
Mayor Krauss suggested $900 for the Commission stipend and $1,350 for the Mayor.
2:28:21 Cr. Jacobson
Cr. Jacobson stated that Bozeman is most comparable to Missoula.
2:44:17 Motion to Amend Ordinance No. 1621, Setting the Compensation for the City
Commission and Mayor, and that the salary for the City Commissioners should be $900
per month and the Mayor $1,350.
It was moved by Cr. Jacobson, seconded by Cr. Becker to amend Ordinance No. 1621,
Setting the Compensation for the City Commission and Mayor, and that the salary for the
City Commissioners should be $900 per month and the Mayor $1,350 per month.
2:45:15 Public Comment
Mayor Krauss opened public comment.
2:45:31 Gary Vodehnal, Public Comment
Mr. Vodehnal of 614 South 7th, spoke regarding his support of the increase.
2:45:51 Public Comment closed.
Mayor Krauss closed public comment.
2:45:55 Motion and Vote to Amend Ordinance No. 1621, Setting the Compensation for the
City Commission and Mayor, and that the salary for the City Commissioners should be
$900 per month and the Mayor $1,350.
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Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:46:07 6. Campiglia Rehabilitation and Addition Certificate of Appropriateness
Application with Deviations #Z-07242 (Kramer)
2:46:14 Courtney Kramer, Associate Planner
Ms. Kramer provided a power point presentation regarding the Campiglia Rehabilitation and
Addition Certificate of Appropriateness Application with Deviations #Z-07242.
3:01:49 Ed Ugororwski, Design Partnership Inc.
Mr. Ugororwski gave the applicant presentation.
3:11:48 Public Comment
Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public
comment.
3:11:56 Motion and Vote to approve Campiglia Rehabilitation and Addition Certificate of
Appropriateness Application with Deviations #Z-07242 as conditioned by staff.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve Campiglia
Rehabilitation and Addition Certificate of Appropriateness Application with Deviations
#Z-07242 as conditioned by staff.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
3:12:43 7. Snowfill Site Parking Lot Sketch Plan #Z-07239 (Knight)
3:12:50 Mr. Epple
Mr. Epple gave the staff report regarding the Snowfill Site Parking Lot Sketch Plan #Z-07239.
3:16:36 Gary Vodehnal, Applicant
Mr. Vodehnal gave the applicant report.
3:18:24 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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3:18:31 Debbie Arkell, Public Works Director
Ms. Arkell reiterated that the area is landfill land and the land is simply being used as a dog park.
Ms. Arkell stated her concern of storm water regulations, construction route map, compliance to
the Unified Development Ordinance, compliance of the Federal ADA requirements, and
coordination with the County Road department.
3:21:47 Motion to approve Snowfill Site Parking Lot Sketch Plan as proposed with the
conditions and code provisions outlined in the Staff Report, to be completed only if funding
and resources are made available.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve the Snowfill Site
Parking Lot Sketch Plan as proposed with the conditions and code provisions outlined in
the Staff Report, to be completed only if funding and resources are made available.
3:22:00 Discussion
3:22:41 Cr. Jacobson
Cr. Jacobson emphasized that this is a temporary use of the land.
3:23:16 Mayor Krauss
Mayor Krauss urged Staff to work with the applicant to make sure that Ms. Arkell's issues are
addressed.
3:24:20 Vote on the Motion to approve Snowfill Site Parking Lot Sketch Plan as proposed
with the conditions and code provisions outlined in the Staff Report, to be completed only if
funding and resources are made available.
Those voting Aye being Crs.Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
3:24:30 I. FYI/Discussion
3:24:38 Montana Municipal Insurance Authority Safety Achievement Award.
Mr. Kukulski spoke regarding the Montana Municipal Insurance Authority Safety Achievement
Award that was presented to the City of Bozeman.
3:25:59 Meeting Reminder
Stacy Ulmen, City Clerk spoke regarding the joint City County meeting.
3:26:41 US Mayor's Conference in Seattle, Washington regarding Climate Protection
Agreement
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Cr. Jacobson spoke regarding the US Mayor's Conference in Seattle, Washington regarding the
Climate Protection Agreement that she attended.
3:34:56 J. Adjournment
Mayor Krauss adjourned the meeting at 9:36 pm.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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