HomeMy WebLinkAbout04-19-10 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 19, 2010
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, April 19, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, Interim Planning Director Chris Saunders, City Attorney Greg
Sullivan and Deputy City Clerk Aimee Kissel.
Please refer to the video recording of this meeting for additional detail. An audio
recording is unavailable due to technical difficulties.
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 p.m.
Mayor Krauss called the Regular meeting to order.
D. Pledge of Allegiance and a Moment of Silence
Mayor Krauss asked that the moment of silence be in honor and remembrance of former
Bozeman Police Detective Officer Eric Albright who recently lost his life and in honor and
remembrance of the victims of the Oklahoma City bombing.
E. Changes to the Agenda
Mayor Krauss announced that consent item H. 2. would be removed from the consent agenda
and added to the action agenda as item K. 1. He then asked City Manager, Chris Kukulski if
there were any other changes to the agenda.
Chris Kukulski
Mr. Kukulski said there were no other changes to the agenda.
F. Public Service Announcement Gallatin Earth Celebration (Meyer)
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Natalie Meyer, Grants and Climate Protection Coordinator
Ms. Meyer explained that the City along with other sponsors have come together to put on the
third annual Gallatin Earth Celebration. She provided details on the week of planned events.
G. Minutes March 8, 2010 regular meeting
Motion and Vote to approve the minutes of March 8, 2010.
It was moved by Cr. Becker, seconded by Cr. Andrus to approve the minutes of March 8,
2010.
Those voting Ave being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
H. Consent
1. Authorize Payment of Claims (LaMeres)
3. Approve Awarding the Bid for the Forestry Department's new Chipper Truck to
Fremont Motors in the amount of $50,292.38 (Van Delinder)
4. Finally Adopt Ordinance No. 1783, Authorizing the City Manager to enter into a
1-year ground lease with Bill Tatarka for the Lease of the Mandeville Farm
property for the purpose of farming (Arkell)
Mayor Krauss opened public comment on consent items H. 1, 3 and 4.
No person commented.
Mayor Krauss closed public comment.
Motion and Vote to approve consent items H. 1, 3 and 4.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve consent items H. 1, 3 and 4.
Those voting Aye being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1. Public Comment
Larry Bowman, Public Comment
Mr. Bowman, the owner of the local Ace Hardware Stores added his support to the Commissions
consideration of the amendments to the downtown encroachment permit program (Action Item
K. 5.). He feels anything the Commission can do to assist businesses is helpful.
Paul Grossman, Public Comment
The Owner of Looie's Down Under spoke in favor of allowing downtown businesses to encroach
on the sidewalk without increasing the money to do it. He said that any extra expense to
business owners right now is devastating.
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Brian Leland, Public Comment
Mr. Leland of 528 North Bozeman spoke regarding his appeal hearing on March 22, 2010 and
his subsequent request to close the street later for a music event on Main Street. The City
proposed an alternative location for his event. He has submitted an appeal for the second closure
denial and spoke regarding the reasons for doing so.
J. Special Presentation Vandalism and Graffiti Task Force Update and introduction
of the Chief Joseph Middle School LEO Club
Nick Zelver, Chair of the Vandalism and Graffiti Task Force
Mr. Zelver gave an update on the important work the Task Force has been doing since it was
started. They have been very successful with quite a number of clean ups. Ile also said a special
thank you to Rich McLane who has cleaned up a lot of graffiti this past week. Ile also
mentioned that the Downtown Business Partnership has cleaned up over five hundred tags as
well. Mr. Zelver explained that the LEO Club was initiated by the students at Chief Joseph
Middle School. They voted to make graffiti awareness a top priority and the students are holding
an assembly this week. He also thanked the businesses who have provided materials for clean
up.
Katherine Berk
Ms. Berg, school liaison for the LEO Club at ChiefJoseph Middle School invited the Mayor and
Commissioners to attend the assembly regarding graffiti awareness that will be happening on
Thursday at 8:20 a.m. The assembly will be put on by the students of the LEO Club themselves.
K. Action Items
1A. Authorize City Manager to Sign Settlement Agreement for March 5, 2009
Incident Related Costs (Rosenberry) This item pulled from Consent H. 2.
Mr. Kukulski began the staff presentation on this item and summarized the agreement briefly
explaining that the City originally sent an invoice to NorthWestern Energy for all costs related to
the March 5, 2009 incident related costs including salaries and hourly rates for everyone
associated with the response. The settlement agreement then actually covers the incremental
costs of the incident and included over time hours, etc. but not any regular salary or hours. The
public lost 5000 hours of public employee time spent on this instead of being spent on other
issues.
The Commission asked questions of staff on this issue.
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
Motion to authorize the City Manager to sign the settlement agreement for March 5, 2009
incident related costs.
It was moved by Cr. Mehl, seconded by Cr. Taylor to sign the settlement agreement for
March 5, 2009 incident related costs.
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Cr. Mehl
Cr. Mehl spoke regarding his views on this motion, saying for legal and practical reasons he will
support the motion, but does not feel North Western Energy has fulfilled in any way good will as
they had indicated.
Mayor Krauss
Mayor Krauss also spoke to this motion saying the incremental costs of the City were relatively
low, while private sector incremental costs were huge.
Vote to authorize the City Manager to sign the settlement agreement for March 5, 2009
incident related costs.
Those voting Ave being Crs. Mehl, Taylor Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1. Bozeman Peaks Condominiums Parkland Waiver No. Z-06079A (Krueger)
Doug Riley, Planning Department
Mr. Riley provided the staff presentation on this item.
Mayor Krauss stepped out for a few moments, handing the gavel to Mayor Pro-Tem Becker.
Susan Riggs, Applicant
Ms. Riggs, a planner with Intrinsik Architecture gave the applicant presentation on this item.
She informed the Cornrnission that the applicant would like the condition that the improvements
in the area meet the minimum requirements of the City's parkland design specifications removed
because they would add additional cost and be overly burdensome.
Cr. Mehl began questions of staff that addressed the staff recommendation to improve the area to
the minimum requirements of the City's parkland design specifications.
Mayor Pro-tem Becker returned the gavel to Mayor Krauss.
Cr. Becker continued questions of staff.
Ron Dingman, Parks and Recreation Director
Mr. Dingman responding to questions from the Commission, said he would recommend that the
applicant be advised to coordinate with the parks division when constructing and designing this
park.
Mayor Krauss opened public comment on this item.
Heather Grenier, Human Resource Development Council
Ms. Grenier said as the developer they would be happy to work with the parks division to help
create a nice safe, environment. She also pointed out that the Home Owner's Association will
have a vested interest in keeping the property nice.
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Seeing no further public comment, Mayor Krauss closed public comment.
Motion to adopt the findings presented in the staff memorandum approving a parkland
waiver of one acre for the Bozeman Peaks Condominiums No. Z-06079A under the
conditions that a public access easement be provided for the parkland equivalent area and
that improvements be coordinated with the Parks Department so as to meet requirements
of safety and durability in the area that's created thereby.
It was moved by Cr. Taylor, seconded by Cr. Becker to adopt the findings presented in the
staff memorandum approving a parkland waiver of one acre for the Bozeman Peaks
Condominiums No. Z-06079A under the conditions that a public access easement be
provided for the parkland equivalent area and that improvements be coordinated with the
Parks Department so as to meet requirements of safety and durability in the area that's
created thereby.
Cr. Taylor expressed specific findings on the motion saying that the parkland equivalent area to
be proposed will be sufficient to meet the needs of the residents of the development. He also
noted there are other parkland areas in the vicinity.
Mayor Krauss began discussion on the motion.
Vote to adopt the findings presented in the staff memorandum approving a parkland
waiver of one acre for the Bozeman Peaks Condominiums No. Z-06079A under the
conditions that a public access easement be provided for the parkland equivalent area and
that improvements be coordinated with the Parks Department so as to meet requirements
of safety and durability in the area that's created thereby.
Those voting Aye being Crs. Taylor, Becker, Andrus and Mehl.
Those voting No being Mayor Krauss.
The motion passed 4-1.
2. Bridger Brewing Conditional Use Permit and Certificate of Appropriateness No. Z-
10042, 241 East Main Street (Kramer)
Courtney Kramer, Assistant Planner for Historic Preservation
Ms. Kramer gave the staff presentation on this item explaining the applicant wishes to establish a
brewery with on-site consumption and retail sales for off-site consumption as well as a
restaurant.
Cr. Andrus began questions of staff
David Sigler, Applicant
Mr. Sigler gave a presentation on behalf of Spanish Peaks Engineering Consulting.
Mayor Krauss opened public comment on this item.
No person commented.
Mayor Krauss closed public comment on this item.
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Motion and Vote approving the Bridger Brewing Conditional Use Permit and Certificate of
Appropriateness No. Z-10042 as conditioned by staff including the revision by staff to
condition #9.
It was moved by Cr. Becker, seconded by Cr. Andrus to approve the Bridger Brewing
Conditional Use Permit and Certificate of Appropriateness No Z-10042 as conditioned by
staff including the revision by staff to condition #9.
Those voting Aye being Crs. Becker, Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3. Public Hearing Adoption of the General Fund Part of the Capital Improvements
Program (CIP) for Fiscal Years 2011-2015 (Moved from April 12, 2010)
(Rosenberry)
Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation on this item explaining this is the most complex
section of the CIP partially because of diverse capital needs within the general fund. This fund is
the only one in the CIP with fonual evaluation criteria. She also spoke regarding the economy's
impact on the capital needs in the general fund, the revenue estimate in the plan, and the process
staff went through to propose and evaluate projects. She then spoke regarding new items or
changed items including changes to the existing pool plans. Ms. Rosenberry said she also
included Story Mansion Fundraising dollars and improvements, changes to the police/court
facility timing and changes to a new aquatics facility.
Cr. Taylor began questions for staff.
Mayor Krauss continued questions for staff.
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
Motion and Vote adopting the General Fund part of the Capital Improvements Program
for Fiscal Years 2011-2015.
It was moved by Cr. Andrus, seconded by Cr. Mehl to adopt the General Fund part of the
Capital Improvements Program for Fiscal Years 2011-2015.
Those voting Ave being Crs. Andrus, Mehl, Taylor, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
Break
Mayor Krauss called for a fifteen minute break.
Mayor Krauss called the meeting back to order.
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4. Discussion on Amendments to the Bozeman City Charter (including the voter
referendum required by Sect. 9.04(6) of the Charter (whether to add two members to the
City Commission to be elected at the general election in November, 2011)) (Moved from
April 12, 2010) (Sullivan)
Greg Sullivan, City Attorney
Mr. Sullivan gave the staff presentation on this item saying this item includes two subjects. The
first being the voter referendum required by the Charter and the second being the possibility that
the Commission could add more charter amendments to be placed before the voters. Mr.
Sullivan provided some historical information on this item and then spoke regarding the process
of placing this referendum before the voters, recommending that the Commission do this through
Ordinance. The preferred deadline for transmitting the ballot language to the County Elections
office is mid to late June.
Cr. Mehl
Cr. Mehl began questions of staff verifying historical information and what can and cannot be
included in the ballot language.
Greg Sullivan
Mr. Sullivan, responding to a question explained that according to the State Constitution, the
voters are asked every ten years whether they would like to create a local government study
commission. He gave details regarding how this vote went in 2004 and that this will be on the
ballot again in 2014.
Cr. Taylor
Cr. Taylor continued questions for staff regarding the Commission's role on this item.
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
Motion to direct staff to bring back to the Commission an ordinance transmitting ballot
language to the Gallatin County Election Administrator that would place before the voters
of the general election on November 2, 2010 an amendment to the Bozeman City Charter
on whether to increase the number of Commissioners from four to six.
It was moved by Cr. Mehl, seconded by Cr. Taylor to bring back to the Commission an
ordinance transmitting ballot language to the Gallatin County Election Administrator that
would place before the voters of the general election on November 2, 2010 an amendment
to the Bozeman City Charter on whether to increase the number of Commissioners from
four to six.
Cr. Mehl and Mayor Krauss spoke regarding not extending the ballot to include other
amendments to the Charter.
Vote to direct staff to bring back to the Commission an ordinance transmitting ballot
language to the Gallatin County Election Administrator that would place before the voters
of the general election on November 2, 2010 an amendment to the Bozeman City Charter
on whether to increase the number of Commissioners from four to six.
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Those voting Ave being Crs. Mehl, Taylor Becker, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
5. Ordinance No. 1785, Revisions to Chapter 12.22 of the Bozeman Municipal Code,
Downtown Sidewalk Encroachment Permit Program to allow for Non-substantial
and Exclusive uses in Public Right-of-Way of the Downtown Business District
(Bristor and Heaston)
Brian Heaston, Project Engineer
Mr. Heaston gave the staff presentation on this item first explaining the purpose and intent of the
proposed program and then explaining revisions made for the purpose of cleaning up the
program. Mr. Heaston explained the definitions and requirements of exclusive uses and
substantial encroachments. He then provided staff recommendations to the Commission.
Cr. Becker
Cr. Becker began questions for staff regarding costs to the applicant for this program.
Cr. Taylor
Cr. Taylor began questions for staff regarding substantial encroachment and the definition of use.
Mayor Krauss
Mayor Krauss began questions for staff regarding whether a peiiiianent building/structure would
be prohibited by this Ordinance in the public right of way.
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Mayor Krauss opened public comment.
Josh Gibson, Public Comment
Mr. Gibson of 315 North Bozeman, co-owner of the Blackbird Kitchen on the comer of
Bozeman and Main began by asking questions of staff on this proposed program. He then said
as a business owner he would prefer fewer fees for the benefit of a more vibrant downtown. He
said working with the City to open a new business has been great and he would hope the
Commission would continue to make changes that encouraged that feeling.
Lowell Springer, Public Comment
Mr. Springer asked that the Commission look at reducing the six foot clearance requirement
proposed. He said that ADA requirements are four feet, so five feet would be enough for ADA.
Mr, Springer pointed out that the extra foot would really help with how tables could be laid out.
Steve Kirehoff, Public Comment
Mr. Kirchoff of 516 South 6111 Ave. commended staff for the thorough staff report. He went on to
say that while he appreciates efforts by staff to be protectors and guardians of the public realm
through compensation to the public of the use of the public right of way; he feels we can trust
that the private business owners will create changes that benefit everyone. He feels there would
be a net gain, not a net loss to the public domain. He would discourage the Commission from
implementing the new portions of the Ordinance.
Shannon Douglas, Public Comment
Ms. Douglas, co-owner of the Blackbird Kitchen spoke regarding the sidewalk cafes in Europe
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and how they do not have fences and have a friendly open feel. She feels the best thing that can
be done, is to make it easier on people to have sidewalk cafes.
Seeing no further public comment, Mayor Krauss closed public comment, but not the public
hearing.
Mayor Krauss
Mayor Krauss explained Montana State law requires a separation such as a temporary fence
between the public and the serving of alcohol.
Cr. Taylor
Cr. Taylor asked staff about the reasoning for a six foot sidewalk clearance requirement written
into the proposed Ordinance.
Brian Heaston
Mr. Heaston spoke regarding six foot sidewalk clearance being a standard requirement city wide
and the need to provide easy and safe passage for pedestrians.
Rick Hixson
Mr. Hixson explained that sidewalks downtown right now have to be ten feet wide. Sidewalks
on arterials are six feet city wide. He also said that six feet is the width of the blade the City uses
to plow arterial sidewalks.
Mayor Krauss closed the public hearing and opened motion, discussion and vote.
Motion to provisionally adopt Ordinance No. 1785, revisions to Chapter 12.22 of the
Bozeman Municipal Code, Downtown Sidewalk Encroachment permit program to allow
for non-substantial and exclusive uses in public right-of-way of the downtown business
district.
It was moved by Cr. Taylor seconded by Cr. Becker to provisionally adopt Ordinance No.
1785 revisions to Chapter 12.22 of the Bozeman Municipal Code, Downtown Sidewalk
Encroachment permit program to allow for non-substantial and exclusive uses in public
right-of-way of the downtown business district.
Cr. Taylor
Cr. Taylor began discussion on the temporary uses and complaints regarding right of way issues
on the sidewalks.
Motion to amend the main motion to change 12.22.100 A. and 12.22.100 B. to say five feet
sidewalk clearance instead of six feet.
It was moved by Cr. Becker, seconded by Cr. Andrus to amend the main motion to change
12.22.100 A. and 12.22.100 B. to say five feet sidewalk clearance instead of six feet.
Cr. Becker
Cr. Becker spoke to his amendment saying enforcement will be one of the biggest issues and that
when it comes to enforcement we need to provide enough space for both safe, adequate
pedestrian movement and the operation of the street cafes and activities we are trying to generate
from this Ordinance. He feels five feet of clearance would be adequate.
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Mayor Krauss
Mayor Krauss said he would not like to reduce the clearance saying the City takes pride in the
downtown sidewalks and current and past policies have really emphasized providing for
pedestrian use. He provided further arguments for the six feet clearance and said he would not
like this value undermined by not considering normal pedestrian access.
Cr. Taylor continued the discussion regarding sidewalk clearance.
Vote on the motion to amend the main motion to change 12.22.100 A. and 12.22.100 B. to
say five feet sidewalk clearance instead of six feet.
Those voting Aye being Cr. Becker.
Those voting No being Crs. Andrus, Mehl, Taylor and Mayor Krauss.
The motion failed 1-4.
Mayor Krauss
Mayor Krauss began a discussion regarding fees within the proposed Ordinance.
Cr. Mehl
Cr. Mehl began a discussion regarding defining use.
Mayor Krauss opened the public hearing back up, allowing for additional public comment.
Josh Gibson, Public Comment
Mr. Gibson of 315 North Bozeman said he feels the type of use where the sidewalk would be
expanded will be rare while the more common use will be tables and chairs with a fence for
serving alcohol. In those cases he feels the larger fee should not be charged when the sidewalk is
not expanded.
Debbie Arkell, Director of Public Works
Ms. Arkell reminded everyone that since this is a proposed Ordinance it would not go into
immediate effect upon passage. Ordinances cannot be finally adopted until two weeks after
provisional adoption, with the Ordinance going into effect 30 days after final adoption. All
permits they have issued so far or applications they receive during that time will be subject to the
prior rules.
Cr. Taylor
Cr. Taylor began a discussion regarding exclusive use beyond commercial use being taken up in
the process rather than in the Ordinance.
Mayor Krauss closed the public hearing.
Vote on the motion to provisionally adopt Ordinance No. 1785, revisions to Chapter 12.22
of the Bozeman Municipal Code, Downtown Sidewalk Encroachment permit program to
allow for non-substantial and exclusive uses in public right-of-way of the downtown
business district.
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Those voting Aye being Crs. Taylor, Becker, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
6. Update on City of Bozeman Adopted 2010-2011 Work Plan (Moved from April 12,
2010) (Kukulski)
Mr. Kukulski, City Manager
Mr. Kukulski gave the staff presentation on this item. He informed the Commission that
individuals have been assigned to implement the plan elements. He has also included
information regarding additional issues that have arisen since the plan was adopted. He would
like to present an update on the plan quarterly. The planning office also included in the materials
a comprehensive report on the items they are working on. He then began speaking to the new
initiative items and provided updates on specific items on the work plan.
Mayor Krauss stepped out for a few moments, handing the gavel to Mayor Pro-Tem Becker.
Mr. Kukulski
Mr. Kukulski went on with his report saying that the report includes potential items that have
come up since the plan was adopted. He would ask that the Commission inform him whether
those too are priorities and where within the priority order they should be placed.
Cr. Mehl
Cr. Mehl spoke to the economic goals saying the Economic Development Council meets this
Thursday the 22 at 11 a.m. He mentioned that important first steps are being made towards
these goals.
Mayor Krauss
Mayor Krauss spoke regarding the study for converting the one ways to two ways and asked that
the study be staged so as to move it along quicker, determining the questions that need to be
asked right away.
Mayor Krauss
Mayor Krauss would like a report regarding what deferred maintenance we have planned for
South 8' Avenue this year.
Ron Dingman
Mr. Dingman, responding to a question from Mayor Krauss regarding the CTEP College
Huffine project said that the appraisals for the properties we need easements from are in Helena
for their approval. Once that comes back to the engineering firm the City will be sitting down
for the final design.
Mayor Krauss
Mayor Krauss requested that the west end from 19 to Huffine be dealt with the quickest.
FYI/Discussion
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Cr. Mehl reminded everyone that he will be missing the next two meetings.
2. Cr. Becker asked for an email on whether there is a process to appeal the sign code and
where that appeal would go.
3. Cr. Becker asked questions regarding rules against tables and chairs against the curb.
M. Adjourned
Mayor Krauss adjourned the meeting.
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