HomeMy WebLinkAboutMarch 22, 2010 Minutes.pdf
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 22, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, March 22, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Interim Planning Director
Chris Saunders, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen.
* Please refer to the audio recording of this meeting for additional detail.
0:00:03 A. Call to Order – 5:30 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order.
B. Executive Session-Litigation Strategy
Mayor Krauss called the meeting to order and closed the meeting pursuant to Sect. 2-3-203(4)(a),
MCA, because the meeting involves a discussion of litigation strategy and an open meeting
would have a detrimental effect on the litigation position of the City.
*A separate set of minutes has been prepared for the Executive Session.
C. Call to Order Regular Meeting-6:00 p.m.
Mayor Krauss called the Regular meeting to order.
0:00:04 D. Pledge of Allegiance and a Moment of Silence
0:00:48 Welcome
Mayor Krauss welcomed everyone to the Commission Meeting. He welcomed the International
Visitor leadership program that includes visitors from Thailand.
0:01:41 E. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda.
0:01:44 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the Agenda.
0:01:49 F. Minutes – January 21, 2010 Policy Meeting, January 25, 2010 Regular
Meeting, February 4, 2010 Policy Meeting and February 8, 2010 Regular Meeting
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0:01:54 Motion and Vote to approve the Minutes from the January 21, 2010 Policy
Meeting, January 25, 2010 Regular Meeting, February 4, 2010 Policy Meeting and
February 8, 2010 Regular Meeting Minutes.
It was moved by Cr. Becker, seconded by Cr. Andrus to approve the Minutes from the
January 21, 2010 Policy Meeting, January 25, 2010 Regular Meeting, February 4, 2010
Policy Meeting and February 8, 2010 Regular Meeting Minutes.
Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:02:34 G. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Professional Services Agreement with Public Sector
Personnel Consultants for Pay Study Update (Winn)
3. Approve Reclaiming Jurisdiction of Audrey’s Pizza Conditional Use Permit/Certificate of
Appropriateness Application for Cabaret License and related improvements No. Z-10018
Final Approval (Thorpe)
4. Approve a Beer and Wine License for Dave's Sushi-Off Main (Neibauer)
5. Approve Resolution No. 4249, Changing Three Street Names in Diamond Estates
Subdivision No. 2 Phase 2 (Kerr)
6. Approve the Park Master Plan for Laurel Glen Major Subdivision Phase 3 and 4 No. P-
07051 (Skelton)
7. Finally adopt Ordinance No. 1763, Adding Title 14 Storm Water Regulations to the
Bozeman Municipal Code (Johnson)
0:02:37 Public Comment
Mayor Krauss opened public comment.
0:02:48 Lauren Shlegel, Public Comment
Ms. Shlegel stated that she is with Audrey's Pizza Oven located at 401 East Peach and consents
(supports) Consent Item No. 3, (Reclaiming jurisdiction of Audrey's Pizza Conditional Use
Permit/Certificate of Appropriateness Application for Cabaret License and related
improvements No. Z-10018 Final Approval).
0:03:07 Public Comment closed.
Mayor Krauss closed public comment.
0:03:13 Motion and Vote to approve Consent items 1-7.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent items 1-7.
Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
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0:03:46 H. Public Comment
Mayor Krauss opened public comment.
0:04:24 Mary Vanthull, Public Comment
Ms. Vanthull of 416 East Story stated that she rides her bike around town and she is concerned
with those that drive and text or use their cell phone at the same time. Danger on City streets has
been increasing because of this. She would like a ban on driving and using cell phones/texting at
the same time. She wants to see this issue become an increased priority.
0:06:02 Public Comment closed.
Mayor Krauss closed public comment.
0:06:04 I. Special Presentation – United States Forest Service update on the Bozeman
Municipal Watershed Fuels Project (Lisa Stoeffler, Acting Bozeman District Ranger)
0:06:49 Mary Erickson, Forest Supervisor on the Gallatin and Custer National Forests
Ms. Erickson gave the presentation regarding the United States Forest Service update on the
Bozeman Municipal Watershed Fuels Project. She stated that she has signed the Record of
Decision for the BMW fuels treatment project and the Bozeman Watershed. This has been a
great partnership between the Forest Service and the City of Bozeman.
0:10:47 Video
A video was shown regarding the BMW Project.
0:23:08 Lisa Stoeffler, Acting Bozeman District Ranger
Mr. Stoeffler stated that the video summarized the project. The decision has been signed off on
and implementation is next. Staff and the City of Bozeman have been great to work with.
0:24:17 Cr. Mehl
Cr. Mehl asked that the time frame be outlined.
0:24:40 Ms. Stoeffler
Ms. Stoeffler spoke regarding the timeframe. It begins with a 45 day appeal process
0:25:21 Cr. Mehl
Cr. Mehl asked if the City is a Cooperative Agency.
0:25:24 Ms. Stoeffler
Ms. Stoeffler stated that the City is not.
0:25:27 Cr. Mehl
Cr. Mehl asked what the position was for the County.
0:25:32 Ms. Stoeffler
Ms. Stoeffler stated that she spoke with the County Commissioners today. They have not
officially come out with an official position.
0:25:49 Ms. Stoeffler
Ms. Stoeffler stated that the City has been involved in a much closer partnership than the County.
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0:26:14 Cr. Mehl
Cr. Mehl spoke regarding prescribed burns.
0:26:24 Ms. Stoeffler
Ms. Stoeffler spoke regarding when prescribed burns would take place.
0:27:03 Ms. Stoeffler
Ms. Stoeffler spoke regarding over snow work.
0:27:47 Cr. Mehl
Cr. Mehl asked if there would be any closures to recreational use and how noticing will take
place.
0:28:05 Ms. Stoeffler
Ms. Stoeffler stated that there are some temporary roads. If there are safety concerns to the
recreating public, they may consider closing areas. They want to involve the public up front.
They would advertise by using their website and press notices.
0:29:34 Cr. Becker
Cr. Becker asked if the area has been marked.
0:30:07 Ms. Stoeffler
Ms. Stoeffler stated that there is flagging up in the area now.
0:31:55 Brian Heaston, Project Engineer
Mr. Heaston gave a quick update regarding the City's Forest Management Plan. It is in draft form
which will be brought before the City Commission on April 5th.
0:32:50 J. Action Items
0:32:53 1. Reach Inc. II Conditional Use Permit/Certificate of Appropriateness No. Z-
10010 (Krueger)
0:33:24 Brian Krueger, Associate Planner
Mr. Krueger gave the staff presentation regarding the Reach Inc. II Conditional Use
Permit/Certificate of Appropriateness No. Z-10010. There are two building located on site. He
spoke regarding ADA access into the building. Staff is recommending approval with the
provisions provided.
0:39:52 Susan Riggs from Intrinsik Architecture
Ms. Riggs gave the application presentation for the Reach Inc. II Conditional Use
Permit/Certificate of Appropriateness No. Z-10010. Reach has done work in Bozeman since
1974. Accessibility and compatibility was the goal with the project. There is grant funding for
the project. There are several letters of support for the projects.
0:41:52 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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0:42:26 Ms. Riggs
Ms. Riggs stated that they do not have any problems with the conditions of approval.
0:42:34 Motion and Vote to approve the Reach Inc. II Conditional Use Permit/Certificate of
Appropriateness No. Z-10010 with the Conditions and Code Provisions listed in the Staff
Report.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the Reach Inc. II
Conditional Use Permit/Certificate of Appropriateness No. Z-10010 with the Conditions
and Code Provisions listed in the Staff Report.
Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:43:27 2. Village Downtown Lofts Planned Unit Development (PUD) - Request for
extension of Final Site Plan Approval No. Z-04265A (Riley)
0:43:42 Doug Riley, Associate Planner
Mr. Riley gave the staff presentation regarding the Village Downtown Lofts Planned Unit
Development (PUD) - Request for extension of Final Site Plan Approval No. Z-04265A. This
request for a 5 year extension. Mr. Riley pointed out the site plan. Staff is recommending
approval with the conditions outlined in the staff report.
0:47:06 Mr. Riley
Mr. Riley spoke regarding Subdivision and Planned Unit Development extensions.
0:47:51 Mr. Riley
Mr. Riley stated that the entire infrastructure is completed at the site.
0:47:56 Cr. Mehl
Cr. Mehl suggested having a policy session regarding extensions for Plats and PUDs.
0:48:13 Cr. Andrus
Cr. Andrus spoke regarding the appearance of setting a precedent.
0:49:20 Mr. Riley
Mr. Riley spoke regarding application fees.
0:50:21 Cr. Taylor
Cr. Taylor spoke regarding the 5 year timeline.
0:52:14 Mr. Riley
Mr. Riley spoke regarding Work Force Housing.
0:53:11 Tony Renslo, Villiage Investment Group
Mr. Renslo commended Mr. Riley for working with them on their application.
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0:53:31 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:53:58 Motion to approve the Village Downtown's request for a five (5) year extension to
their Village Downtown Lofts Planned Unit Development (PUD) Final Site Plan No. Z-
04265A; extending the approval until May 3, 2015.
It was moved by Cr. Taylor, seconded by Cr. Becker to approve the Village Downtown's
request for a five (5) year extension to their Village Downtown Lofts Planned Unit
Development (PUD) Final Site Plan No. Z-04265A; extending the approval until May 3,
2015.
0:54:19 Cr. Andrus
Cr. Andrus spoke regarding her concern of the 5 years time allotment.
0:55:31 Mayor Krauss
Mayor Krauss spoke regarding the infrastructure that is already installed at the site.
0:57:57 Vote on the Motion to approve the Village Downtown's request for a five (5) year
extension to their Village Downtown Lofts Planned Unit Development (PUD) Final Site
Plan No. Z-04265A; extending the approval until May 3, 2015.
Those voting Aye being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:58:14 3. Appeal of Denial of Public Assembly and Street Closure Request for The
Green Coalition of Gay Loggers for Jesus for a Car Show, Bike Race, and Live Music
Events; and Appeal of the Start Time of an approved Parade, all on July 4, 2010 (Arkell)
0:58:24 Cr. Mehl
Cr. Mehl noted ex-parte communication regarding this item. A discussion took place with
Downtown Partnership Executive Director Chris Naumann regarding the timing of the parade.
0:58:47 Cr. Andrus
Cr. Andrus stated that she was contacted as well from Mr. Naumann.
0:58:56 Cr. Taylor
Cr. Taylor stated that he had a conversation with Mr. Leland before (he thinks) he applied for the
permit.
0:59:09 Debbie Arkell, Director of Public Services Director
Ms. Arkell gave the staff presentation regarding the appeal of denial of Public Assembly and
Street Closure Request for The Green Coalition of Gay Loggers for Jesus for a Car Show, Bike
Race, and Live Music Events; and Appeal of the Start Time of an approved Parade, all on July 4,
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2010. Ms. Arkell stated that she is the City Manager's designee to approve these types of permits.
She highlighted the sequence of events that have taken place.
1:07:39 Mr. Sullivan
Mr. Sullivan spoke regarding the Commission's standard for review of the appeal.
1:09:06 Brian Leland, Applicant
Mr. Leland gave the applicant presentation regarding a Public Assembly and Street Closure
Request for The Green Coalition of Gay Loggers for Jesus for a Car Show, Bike Race, and Live
Music Events; and Appeal of the Start Time of an approved Parade, all on July 4, 2010. He
spoke regarding the Growth Policy. He spoke regarding the interpretation of the interruption of
the safe and orderly movement of pedestrians. He wants to work with the Commission and the
Downtown Partnership as to what constitutes an interruption.
1:18:42 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:19:39 Motion to affirm the March 8, 2010 decision of the Director of Public Services to
approve a parade permit on July 4, 2010 for 8:30 a.m. to 10:30 a.m. and denial of the
remaining street closure request.
It was moved by Cr. Becker, seconded by Cr. Andrus to affirm the March 8, 2010 decision
of the Director of Public Services to approve a parade permit on July 4, 2010 for 8:30 a.m.
to 10:30 a.m. and denial of the remaining street closure request.
1:20:29 Cr. Mehl
Cr. Mehl stated that he supports the motion. He spoke regarding the 12 standards that need to be
met. The concern is regarding the safe and orderly movement. He has concerns of downtown and
the amount of time that has been requested. There are other public spaces that can be utilized.
1:23:58 Cr. Andrus
Cr. Andrus supports the motion and thanked Mr. Leland for organizing the event. Closing the
street for the length of time requested is too long.
1:24:58 Cr. Taylor
Cr. Taylor stated that 12 hours is too long. He spoke regarding a possible change to the two hour
time slot.
1:28:15 Mr. Kukulski
Mr. Kukulski spoke regarding the concern of not interrupting breakfast and lunch hours.
1:28:47 Mayor Krauss
Mayor Krauss spoke regarding access for Church goers.
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1:30:05 Mr. Leland
Mr. Leland spoke regarding a possible ending time of 11:30 am. He spoke regarding Church
times.
1:32:54 Amendment to the Main Motion to uphold the City, but change the times from 9:30
a.m. to 11:30 a.m.
It was moved by Cr. Taylor, seconded by Cr. Mehl to uphold the City, but change the times
from 9:30 a.m. to 11:30 a.m.
1:34:34 Vote on the Amendment to the Main Motion to to uphold the City, but change the
times from 9:30 a.m. to 11:30 a.m.
Those voting Aye being Crs. Taylor, Becker and Andrus.
Those voting No being Cr. Mehl and Mayor Krauss.
The motion passed 3-2.
1:34:46 Mayor Krauss
Mayor Krauss spoke regarding the Church service times and the potential impact. He spoke
regarding the safe and orderly movement on Main Street. He does not like the idea of closing the
street to head off political confrontation as noted by the applicant. He thinks the title of the group
is offensive. He does not support the application to close Main Street.
1:41:36 Cr. Taylor
Cr. Taylor stated that he is troubled as to when and when not to close the street.
1:44:17 Mr. Sullivan
Mr. Sullivan spoke regarding the review criteria, and emphasized not looking at content.
1:46:36 Cr. Mehl
Cr. Mehl spoke regarding his support of the first amendment. The rules and rights of our country
apply all of the time. He spoke regarding the 2 hour time allotment.
1:51:43 Vote on the Main Motion as Amended to affirm the March 8, 2010 decision of the
Director of Public Services to approve a parade permit on July 4, 2010 from 9:30 a.m. -
11:30 a.m. and denial of the remaining street closure request.
It was moved by Cr. Becker, seconded by Cr. Andrus to affirm the March 8, 2010 decision
of the Director of Public Services to approve a parade permit on July 4, 2010 for 8:30 a.m.
to 10:30 a.m. (amended to 9:30 a.m. -11:30 a.m.) and denial of the remaining street closure
request.
Those voting Aye being Crs. Becker, Andrus, Mehl and Taylor.
Those voting No being Mayor Krauss.
The motion passed 4-1.
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1:52:18 4. Resolution No. 4246, Authorizing the Bozeman Area Bicycle Advisory Board
to Raise Funds for the purpose of supporting activities for Bike to Work Week and Bicycle
Safety Awareness and Education (Van Delinder)
1:52:30 John Van Delinder, Street Superintendent
Mr. Van Delinder gave the staff presentation regarding Resolution No. 4246, Authorizing the
Bozeman Area Bicycle Advisory Board to Raise Funds for the purpose of supporting activities
for Bike to Work Week and Bicycle Safety Awareness and Education. Mr. Van Delinder stated
that he is the staff liaison to the Board.
1:53:15 Mayor Krauss
Mayor Krauss asked if this has been reviewed by the Finance Department.
1:53:21 Ms. Arkell
Ms. Arkell stated that it has been reviewed by Finance and language has been added as per the
suggestion of the City Attorney.
1:53:42 Mayor Krauss
Mayor Krauss reiterated that if they are going to raise money for the City of Bozeman, then it
needs to go through the City of Bozeman.
1:54:26 Ms. Arkell
Ms. Arkell spoke regarding budgeting funds for bike related activities.
1:54:56 Cr. Taylor
Cr. Taylor stated that he is the Commission Liaison to the Bike Board and that staff has been
very clear with the Board regarding the rules.
1:56:52 Ms. Arkell
Ms. Arkell spoke regarding other Boards that have raised funds in the past.
1:57:39 Public Comment
Mayor Krauss opened public comment.
1:58:02 Bill Bartlett Public Comment
Mr. Bartlett stated that he is one of the newest members on the Bicycle of Advisory Board. He
spoke regarding stickers that will be placed on helmets and encouraging bicycling in the
community.
1:59:07 Mayor Krauss
Mayor Krauss spoke regarding authorized spending.
1:59:37 Mr. Kukulski
Mr. Kukulski spoke regarding utilizing staff.
2:04:33 Public Comment closed
Mayor Krauss closed public comment.
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2:04:38 Motion and Vote to approve Resolution No. 4246, Authorizing the Bozeman Area
Bicycle Advisory Board to raise funds for the purpose of supporting activities for Bike to
Work Week and Bicycle Safety Awareness and Education.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Resolution No. 4246,
Authorizing the Bozeman Area Bicycle Advisory Board to raise funds for the purpose of
supporting activities for Bike to Work Week and Bicycle Safety Awareness and Education.
Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:06:28 5. Ordinance No. 1780, Amending Chapters 18.52 and 18.80, Bozeman
Municipal Code (BMC) to allow Rotating Signs within defined Districts and Parameters
(Saunders)
2:06:32 Chris Saunders, Interim Planning Director
Mr. Saunders gave the presentation regarding Ordinance No. 1780, Amending Chapters 18.52
and 18.80, Bozeman Municipal Code (BMC) to allow Rotating Signs within defined Districts
and Parameters. There was previous discussion on the size of rotating signs.
2:08:46 Mr. Saunders
Mr. Saunders spoke regarding words on a rotating sign. There was a prohibition on rotating signs
in the past.
2:14:39 Mr. Saunders
Mr. Saunders stated that digital rotating signs will not be allowed.
2:18:47 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:19:01 Motion to ( finally) adopt Ordinance No. 1780, which incorporates Commission
directed changes, Amending Chapters 18.52 and 18.80, Bozeman Municipal Code (BMC)
to allow Rotating Signs within defined Districts and Parameters.
It was moved by Cr. Mehl, seconded by Cr. Becker to ( finally) adopt Ordinance No. 1780,
which incorporates Commission directed changes, Amending Chapters 18.52 and 18.80,
Bozeman Municipal Code (BMC) to allow Rotating Signs within defined Districts and
Parameters.
2:20:35 Cr. Andrus
Cr. Andrus spoke regarding barber poles.
2:21:32 Mayor Krauss
Mayor Krauss spoke regarding the size of barber poles.
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2:22:17 Mr. Sullivan
Mr. Sullivan spoke regarding scrutiny and fundamental constitutional rights.
2:28:59 Vote on the Motion to (finally) adopt Ordinance No. 1780, which incorporates
Commission directed changes, Amending Chapters 18.52 and 18.80, Bozeman Municipal
Code (BMC) to allow Rotating Signs within defined Districts and Parameters.
Those voting Aye being Crs. Mehl, Becker, Taylor and Mayor Krauss.
Those voting No being Crs. Andrus.
The motion passed 4-1.
2:29:27 6. Appointment to the Senior Citizens' Advisory Board (Kissel)
2:29:44 Motion and Vote to appoint Norman Dreyerto the Senior Citizens' Advisory Board
(Kissel)
It was move by Cr. Becker, seconded by Cr. Andrus to appoint Norman Dreyer to the
Senior Citizens' Advisory Board.
Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:30:11 K. FYI/Discussion
2:30:13 1. Cancelling the April 1, 2010 Policy Meeting and reschedule the April 8th and
Librarian of the Year
Cr. Mehl stated that the City Librarian is the Librarian of the year and will be recognized on
April 8th. Cr. Becker stated that he would like to go to the award as well. The Commission
agreed to move the meeting to the 8th recognizing that Crs. Mehl and Becker may be a little late.
2:31:54 2. May 6th Policy Meeting Cancelled and rescheduled to May 20th
The Commission agreed to move the Policy meeting to May 20th. May 6th is the Municipal
Clerk/Treasurers’ and Finance Officers Institute along with the Elected Officials workshop in
Billings.
2:35:37 3. Ballot Issue/Charter Amendments
The Commission agreed that this could be added to a regular meeting agenda. Staff will look at
the April agendas to add this item. The Attorney urged that this take place soon.
2:37:25 4. National Crime Victims Week Representative
Attorney Sullivan stated that a member from the Commission has taken part in the planning of
this item in the past. There is an open invitation.
2:38:20 5. County Invite regarding Meeting regarding scoping for L & J Master Plan
Mr. Winn invited the Commission to attend a meeting on Thursday at 1:15 p.m. at the
Courthouse for a scoping meeting regarding the L&J Master Plan. Ulmen will notice this and add
it to the Commission's calendars.
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2:40:18 6. Certification of Appropriateness for removal of Osbourne Block
Mr. Saunders stated that he has signed the COA for the removal of the Osbourne Block on Main
Street.
2:40:54 7. Revisions regarding Parade Permits
Cr. Becker asked that the revision of the Parade Permits be added to the Goals. Issues discussed
are liability, insurance and covering costs. This item is to be discussed at the next Policy
Meeting.
2:44:53 L. Adjournment
Mayor Krauss adjourned the meeting at 8:54 p.m.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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