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HomeMy WebLinkAbout03-22-10 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 22, 2010 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 Minutes of the Bozeman City Commission, March 22, 2010 0:03:46 11. 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 L 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. 3 Minutes of the Bozeman City Commission, March 22, 2010 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. 5 Minutes of the Bozeman City Commission, March 22, 2010 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. 7 Minutes of the Bozeman City Commission, March 22, 2010 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 Comrnent closed Mayor Krauss closed public comment. 9 Minutes of the Bozeman City Commission, March 22, 2010 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 3 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. 11