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HomeMy WebLinkAboutApril 12, 2010 Minutes.pdf LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 12, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 12, 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, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. * Please refer to the audio recording of this meeting for additional detail. A. Call to Order-5:30 p.m.-Commission Room, City Hall, 121 North Rouse B. Executive Session-Litigation Strategy Mayor Krauss closed the Meeting to the public pursuant to Sect. 2-3-203(4)(a), MCA, finding that 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 have been prepared for the Executive Session. 0:08:56 C. Call to Order Regular Meeting – 6:30 p.m. Mayor Krauss called the Meeting to order at 6:34 p.m. 0:08:59 D. Pledge of Allegiance and a Moment of Silence 0:09:41 Welcome Mayor Krauss welcomed everybody to the meeting. 0:10:16 E. Changes to the Agenda Mayor Krauss asked City Manager if there were any changes to the agenda. City Manager Chris Kukulski stated that there were no changes. 0:10:20 F. Public Service Announcement – Gallatin Earth Celebration (Fontenot) 0:10:24 Brit Fontenot, Assistant to the City Manager Mr. Fontenot presented a Public Service Announcement regarding the Gallatin Earth Celebration which kicks off on April 18th. Mr. Fontenot stated that there is a need for volunteers to assist with the clean up. 6 Minutes of the Bozeman City Commission, April 12, 2010 2 0:12:36 G. Minutes – March 4, 2010 Policy Meeting, March 11, 2010 Special Meeting and March 29, 2010 Regular Meeting. 0:12:41 Motion and Vote to approve the minutes from March 4th, March 11th, and March 29th (as submitted). It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes from March 4th, March 11th, and March 29th (as submitted). Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:12:55 H. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Amendment No. 1 to a Professional Services Agreement with Great West Engineering for the preparation of a Deed Notation for the Montana Department of Environmental Quality for the Story Mill Landfill (Johnson) 3. Accept the Monthly Building Report for March 2010 (Risk) 4. Approve Resolution No. 4253, Authorizing Submission of the Treasure State Endowment Program (TSEP) Application (Meyer) 5. Approve Resolution No. 4252, Authorizing the City Manager to sign Change Order No. 5 for Bozeman Water Reclamation Facility, Phase I Improvements (Murray) 6. Approve Buttrey's Solvent Site Cost Recovery in the amount of $6,119.55 (Cooper) 0:12:58 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:13:11 Motion and Vote to approve consent items H. 1-6. It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items H. 1-6. Those voting Aye being Crs, Andrus, Becker, Taylor, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:13:27 I. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 7 Minutes of the Bozeman City Commission, April 12, 2010 3 0:14:10 J. Action Items 0:14:14 1. Audrey's Pizza Cabaret License Conditional Use Permit, Certificate of Appropriateness and request for Variances, Application No. Z-10018 (Thorpe) 0:14:26 Keri Thorpe, Assistant Planner Ms. Thorpe gave the staff presentation regarding Audrey's Pizza Cabaret License Conditional Use Permit, Certificate of Appropriateness and request for Variances, Application No. Z-10018. The current site location has improved since last year. There have been dramatic improvements to the property. This was done through a sketch plan review. The applicant has requested to serve beer and wine which requires a Conditional Use Permit (CUP). She spoke regarding the variances that have been requested by the applicant regarding curbing and sidewalk improvements and street improvements. 0:29:20 Cr. Andrus Cr. Andrus asked what criterion has been followed in determining that the Sketch Plan Review is the proper channel for this application. 0:29:33 Ms. Thorpe Ms. Thorpe explained the process. It has to do with the amount of changes to a site. 0:30:25 Ms. Thorpe Ms. Thorpe spoke regarding the items that are still waiting to be completed from the Sketch Plan Review. 0:33:43 Ms. Thorpe Ms. Thorpe spoke regarding the memo that was handed out this evening regarding the improvements as written in section 18.44, related to sidewalks, curbing and drive access. 0:34:25 Cr. Taylor Cr. Taylor asked about the State improvements on Rouse Avenue. 0:34:31 Ms. Thorpe Ms. Thorpe stated that the improvements have not been scheduled or funded, but that a design has been selected. 0:35:19 Mayor Krauss Mayor Krauss stated that in regards to the Rouse Improvements, the Environmental Assessment has been done. Homeowners have been contacted and right-of-way acquisitions have begun. 0:37:01 Cr. Becker Cr. Becker spoke regarding the East Peach Street improvements. 8 Minutes of the Bozeman City Commission, April 12, 2010 4 0:37:35 Ms. Thorpe Ms. Thorpe spoke regarding the Peach Street Improvements. 0:38:33 Dustin Johnson, Project Engineer Mr. Johnson spoke regarding the Montana Department of Transportation agreements with the property owners to the north on Peach. 0:39:41 Steve Shlegel, Applicant Mr. Shlegel gave the applicant presentation for Audrey's Pizza Cabaret License Conditional Use Permit, Certificate of Appropriateness and request for Variances, Application No. Z-10018. He stated that he is a little blindsided by what has occurred. He spoke regarding current sidewalk routes. If they are required to make these improvements, they will be forced to dig up things that have already been put in place. He spoke regarding lighting and hours of operation. 0:49:37 Mayor Krauss Mayor Krauss asked that Mr. Shlegel speak regarding the improvements that he has made to the property. 0:49:53 Mr. Shlegel Mr. Shlegel stated that the area was in horrible condition. 0:53:25 Mr. Shlegel Mr. Shlegel stated that to his recollection, obtaining a beer and wine license was previously discussed with the Planning Department. 0:54:27 Cr. Mehl Cr. Mehl spoke regarding the sidewalk on Peach. 0:58:21 Mr. Shlegel Mr. Shlegel stated that the sidewalks on the Rouse side are adequate right now. 0:59:43 Mr. Shlegel Mr. Shlegel spoke regarding his concern of listing the City as an additional insured. 1:00:46 Cr. Becker Cr. Becker spoke regarding the hours of operations and picnic tables. 1:02:44 Mr. Shlegel Mr. Shlegel spoke regarding the closing times. 1:04:20 Cr. Becker Cr. Becker spoke regarding the lighting. 9 Minutes of the Bozeman City Commission, April 12, 2010 5 1:04:41 Mr. Shlegel Mr. Shlegel stated that in his opinion the light that is currently in the parking lot needs to remain. 1:05:54 Cr. Taylor Cr. Taylor spoke regarding a path in the area. 1:06:11 Mr. Shlegel Mr. Shlegel spoke regarding lining the path with rock. 1:07:43 Public Comment Mayor Krauss opened public comment. 1:07:55 Chris Nixson, Public Comment Mr. Nixson of 719 North Wallace Ave. spoke as a private citizen. He is pleased with what has been done on the corner. These are tough times and we need to keep all the businesses open at this time. He supports delays. The light should meet the City Codes. He spoke regard stream side dining. 1:11:19 Lauren Shlegel, Public Comment Ms. Shlegel stated that sometimes she tends to close the business by herself. She likes the brightness of the current light. She agrees with outside seating. 1:12:08 Public Comment closed Mayor Krauss closed public comment. 1:12:33 Mr. Shlegel Mr. Shlegel spoke regarding the insurance issue. 1:14:22 Ms. Thorpe Ms. Thorpe spoke regarding the informal review. 1:18:28 Mayor Krauss Mayor Krauss spoke regarding ordering in sidewalks on Rouse. 1:18:54 Mr. Johnson Mr. Johnson stated that sidewalks have never been ordered in on Rouse. 1:19:00 Mayor Krauss Mayor Krauss asked how much work has been done to Peach Street over the years. 1:19:32 Mr. Johnson Mr. Johnson spoke regarding the improvements. 10 Minutes of the Bozeman City Commission, April 12, 2010 6 1:25:55 Cr. Becker Cr. Becker spoke regarding the business complying with the noise ordinance. 1:26:59 Chris Saunders, Interim Planning Director Mr. Saunders stated that the area is subject to the noise ordinance. 1:32:40 Mr. Saunders Mr. Saunders spoke regarding a Special Improvement District waivers. 1:33:17 Mr. Saunders Mr. Saunders spoke regarding the indemnification clause. 1:33:55 Mr. Saunders Mr. Saunders spoke regarding the City's ability to order in sidewalks. 1:36:59 Ms. Thorpe Ms. Thorpe spoke regarding lighting compliance. The luminance from the current light is a problem. 1:38:41 Ms. Thorpe Ms. Thorpe spoke regarding the closing time of the business. 1:40:06 Mr. Sullivan Mr. Sullivan spoke regarding the City's liability. 1:45:14 Public hearing closed Mayor Krauss closed the Public Hearing. 1:49:06 Motion to approve the Audrey's Pizza request for variance No. Z-10018 to Section 18.44, Bozeman Municipal Code for required improvements to North Rouse Avenue and the north side of East Peach Street adjacent to subject property including curb, gutter, sidewalk and drive access improvements. It was moved by Cr. Becker, seconded by Cr. Taylor to approve the Audrey's Pizza request for variance No. Z-10018 to Section 18.44, Bozeman Municipal Code for required improvements to North Rouse Avenue and the north side of East Peach Street adjacent to subject property including curb, gutter, sidewalk and drive access improvements. 1:50:37 Mayor Krauss Mayor Krauss spoke regarding the variances. He spoke regarding the improvements that have taken place and that they are in the public's interest. He spoke regarding imposing conditions to existing lots. 11 Minutes of the Bozeman City Commission, April 12, 2010 7 1:54:41 Cr. Andrus Cr. Andrus spoke regarding hardships. She does not see hardships in the things that the City is asking the applicant to do. She spoke regarding the Unified Development Ordinance. 1:57:48 Cr. Mehl Cr. Mehl spoke regarding setting a precedent. 1:58:47 Cr. Becker Cr. Becker spoke regarding the process and reasons that the Commission reclaimed review authority. 2:05:10 Mayor Krauss Mayor Krauss spoke regarding ordering in sidewalks. 2:07:18 Mayor Krauss Mayor Krauss spoke regarding adaptive re-use. 2:14:38 Amendment to the Main Motion Cr. Becker began his amendment to the Main Motion regarding the indemnification but was interrupted in order to clarify the intent before the rest of the Motion was stated. 2:17:49 Amendment to the Main Motion that on a special condition of the variance that in consideration of the approval to defer installation of curbing and/or sidewalks until completion of Rouse Improvements the development shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a re-use or conditional use permit at this site and the condition or absence of the sidewalks and/or curbs. This hold harmless and indemnification shall be in a form acceptable to the City Attorney. The developer recognizes, acknowledges and assumes the increased risk because sidewalks and/or curbs do not exist at the site or are not to City standards. The developer shall provide and maintain liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The developer shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. It was moved by Cr. Becker, seconded by Cr. Taylor that on a special condition of the variance that in consideration of the approval to defer installation of curbing and/or sidewalks until completion of Rouse Improvements the development shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the 12 Minutes of the Bozeman City Commission, April 12, 2010 8 issuance of a re-use or conditional use permit at this site and the condition or absence of the sidewalks and/or curbs. This hold harmless and indemnification shall be in a form acceptable to the City Attorney. The developer recognizes, acknowledges and assumes the increased risk because sidewalks and/or curbs do not exist at the site or are not to City standards. The developer shall provide and maintain liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The developer shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. 2:28:57 Stacy Ulmen, City Clerk Ms. Ulmen read back the Amendment. 2:30:04 Vote on the Amendment to the Main Motion that on a special condition of the variance that in consideration of the approval to defer installation of curbing and/or sidewalks until completion of Rouse Improvements the development shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a re-use or conditional use permit at this site and the condition or absence of the sidewalks and/or curbs. This hold harmless and indemnification shall be in a form acceptable to the City Attorney. The developer recognizes, acknowledges and assumes the increased risk because sidewalks and/or curbs do not exist at the site or are not to City standards. The developer shall provide and maintain liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The developer shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:30:22 Vote on the Main Motion as Amended to approve the Audrey's Pizza request for variance No. Z-10018 to Section 18.44, Bozeman Municipal Code for required improvements to North Rouse Avenue and the north side of East Peach Street adjacent to subject property including curb, gutter, sidewalk and drive access improvements and that on a special condition of the variance that in consideration of the approval to defer installation of curbing and/or sidewalks until completion of Rouse Improvements the development shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a re-use or conditional use permit at this site 13 Minutes of the Bozeman City Commission, April 12, 2010 9 and the condition or absence of the sidewalks and/or curbs. This hold harmless and indemnification shall be in a form acceptable to the City Attorney. The developer recognizes, acknowledges and assumes the increased risk because sidewalks and/or curbs do not exist at the site or are not to City standards. The developer shall provide and maintain liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The developer shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:30:39 Motion to approve the Audrey's Pizza request for variance No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot curbing. It was moved by Cr. Becker, seconded by Cr. Taylor to approve the Audrey's Pizza request for variance No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot curbing. 2:36:36 Vote on the Amendment to approve the Audrey's Pizza request for variance No. Z- 10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot curbing. Those voting Aye being Cr. Becker and Mayor Krauss. Those voting No being Crs. Taylor, Mehl and Andrus. The motion failed 2-3. 2:37:10 Motion to approve the Audrey's Pizza Cabaret License Conditional Use Permit/Certificate of Appropriateness No. Z-10018 as conditioned by staff. It was moved by Cr. Becker, seconded by Cr. Taylor to approve the Audrey's Pizza Cabaret License Conditional Use Permit/Certificate of Appropriateness No. Z-10018 as conditioned by staff. 2:38:27 Motion that the storm water pond be installed as designed. It was moved by Cr. Andrus, seconded by Cr. Mehl that the storm water pond be installed as designed. 2:40:11 Motion withdrawn that the storm water pond be installed as designed. Cr. Andrus withdrew her motion that the storm water pond be installed as designed. 14 Minutes of the Bozeman City Commission, April 12, 2010 10 2:40:25 Cr. Mehl Cr. Mehl supported withdrawing the Motion regarding the storm pond. 2:40:32 Motion and Vote to strike condition number 8 (picnic tables). It was moved by Cr. Mehl, seconded by Cr. Becker to strike condition number 8 (picnic tables). Those voting Aye being Crs. Mehl, Becker, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:41:14 Motion to strike condition number 7 (hours of operation). It was moved by Cr. Becker, seconded by Cr. Taylor to strike condition number 7 (hours of operation). 2:44:02 Amendment to the Motion to add a clause that says that food and beverage service hours will not extend beyond 11 p.m. It was moved by Cr. Taylor, seconded by Cr. Andrus to add a clause that says that food and beverage service hours will not extend beyond 11 p.m. 2:44:28 Cr. Taylor Cr. Taylor withdrew his amendment to add a clause that says that food and beverage hours will not extend beyond 11 p.m. 2:44:55 Vote on the Motion to strike condition number 7 (hours of operation). Those voting Aye being Crs. Becker, and Mayor Krauss. Those voting No being Crs. Taylor, Mehl and Andrus. The motion failed 2-3. 2:45:14 Motion to amend Condition No. 7 to read food and beverage service hours shall not extend beyond 11 p.m. It was moved by Cr. Taylor, seconded by Cr. Mehl to amend Condition No. 7 to read food and beverage service hours shall not extend beyond 11 p.m. 2:45:52 Vote on the Motion to Amend Condition No. 7 to read food and beverage service hours shall not extend beyond 11 p.m. 15 Minutes of the Bozeman City Commission, April 12, 2010 11 Those voting Aye being Crs. Taylor, Mehl, Andrus and Becker. Those voting No being Mayor Krauss. The motion passed 4-1. 2:46:16 Vote on the Main Motion to approve the Audrey's Pizza request for variance No. Z- 10018 to Section 18.44, Bozeman Municipal Code for required improvements to North Rouse Avenue and the north side of East Peach Street adjacent to subject property including curb, gutter, sidewalk and drive access improvements. Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:46:33 Motion and Vote to direct staff to work with NW Energy for future instances, and maybe fixing this, and if possible, a low or no cost to applicant improvement at this site. It was moved by Cr. Becker, seconded by Cr. Mehl to direct staff to work with NorthWestern Energy for future instances, and maybe fixing this, and if possible, a low or no cost to applicant improvement at this site. Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:47:31 Break 3:05:54 Meeting called Back to Order 3:06:22 Motion to reconsider the motion denying the Audrey's Pizza request for variance No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot curbing. It was moved by Cr. Taylor, seconded by Cr. Mehl to reconsider the motion denying the Audrey's Pizza request for variance No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot curbing. 3:10:09 Vote on the Motion to reconsider the motion denying the Audrey's Pizza request for variance No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot curbing. Those voting Aye being Crs. Taylor, Becker and Mayor Krauss. Those voting No being Crs. Mehl and Andrus. 16 Minutes of the Bozeman City Commission, April 12, 2010 12 The motion passed 3-2. 3:11:01 Motion to approve parking lot improvements as submitted with the finding that the parking lot improvements approved with the initial Re-USE COA Application Z-09027 provides appropriate drainage and soil erosion control and pin down curbing is acceptable under the circumstances. It was moved by Cr. Taylor, seconded by Cr. Becker to approve parking lot improvements as submitted with the finding that the parking lot improvements approved with the initial Re-USE COA Application Z-09027 provides appropriate drainage and soil erosion control and pin down curbing is acceptable under the circumstances. 3:13:39 Mayor Krauss Mayor Krauss re-opened the Public Hearing. 3:17:42 Vote on the Motion to approve parking lot improvements as submitted with the finding that the parking lot improvements approved with the initial Re-USE COA Application Z-09027 provides appropriate drainage and soil erosion control and pin down curbing is acceptable under the circumstances Those voting Aye being Crs. Taylor, Becker, Mehl, and Mayor Krauss. Those voting No being Cr. Andrus. The motion passed 4-1. 3:18:07 2. Provisional Adoption of Ordinance No. 1784, Providing that the Bozeman Municipal Code be Amended by adding Chapter 2.86 of said Code providing for the Creation of the Economic Development Council and Establishing the Duties and Responsibilities thereof (Fontenot) 3:18:23 Brit Fontenot, Assistant to the City Manager Mr. Fontenot gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1784, Providing that the Bozeman Municipal Code be Amended by adding Chapter 2.86 of said Code providing for the Creation of the Economic Development Council and Establishing the Duties and Responsibilities thereof. 3:20:17 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 17 Minutes of the Bozeman City Commission, April 12, 2010 13 3:20:24 Motion and Vote to provisionally adopt Ordinance No. 1784, Providing that the Bozeman Municipal Code be Amended by adding Chapter 2.86 of said Code providing for the Creation of the Economic Development Council and Establishing the Duties and Responsibilities thereof, and direct staff to return to the Commission with changes, if any, for final adoption of Ordinance No. 1784 on April 26, 2010. It was moved by Cr. Mehl, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1784, Providing that the Bozeman Municipal Code be Amended by adding Chapter 2.86 of said Code providing for the Creation of the Economic Development Council and Establishing the Duties and Responsibilities thereof, and direct staff to return to the Commission with changes, if any, for final adoption of Ordinance No. 1784 on April 26, 2010. Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:21:27 6. Appointments to the Community Affordable Housing Advisory Board (Kissel) 3:21:38 Motion to appoint Kris Keller and Daniel Simonich to the Board. It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Kris Keller and Daniel Simonich to the Board. 3:22:54 Vote on the Motion to appoint Kris Keller and Daniel Simonich to the Board. Those voting Aye being Crs. Taylor, Mehl, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:23:06 The remaining items on this Agenda will be moved to next Monday. 3:23:12 K. FYI/Discussion 1. Reminder of April 19th Commission Meeting Early Start Time of 5:30 p.m. 3:23:32 L. Adjournment Mayor Krauss adjourned the meeting at 10 p.m. 18 Minutes of the Bozeman City Commission, April 12, 2010 14 ______________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 19