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HomeMy WebLinkAboutFebruary 28, 2011 Minutes.pdf1 of 8 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 28, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, February 28, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant Planning Director Chris Saunders, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. These minutes are not word for word and should be considered along with the audio recording. 0:00:05 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:14 B. Pledge of Allegiance and a Moment of Silence 0:01:15 Motion and vote to authorize the absence of Commissioner Becker. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the absence of Commissioner Becker. Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:01:40 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize use of Federal Discrimination Provision and Authorize City Manager to sign Memorandum of Understanding with the U.S. Forest Service for Municipal Watershed Projects (Heaston) 3. Approve Beer and Wine or Liquor License renewals for 2011 (Neibauer) 4. Approve Beer and Wine License for Kepa LLC DBA Seven Sushi to sell Liquor at 270 W. Kagy Blvd, Ste C (Neibauer) 5. Approve Amendment to 2010-2011 Certified Local Government Grant from Montana State Historic Preservation Office (Kramer) 17 Minutes of the Bozeman City Commission, February 28, 2011 2 of 8 6. Approve Payment of $5,706.76 for the Buttrey's Solvent Site Cost Recovery (Cooper) 7. Acknowledge Receipt of Mayor's Community Climate Action Plan document (Meyer) 8. Award Bid to Rocky Mountain Truck Center for one new 2012 Freightliner with Mounted Plow and Sander with options in the amount of $175,563.00 (VanDelinder) 0:02:22 Motion and Vote to approve consent items E. 1-8. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve consent items E. 1-8. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:02:45 F. Public Comment Mayor Krauss opened general public comment. No person commented. Mayor Krauss closed public comment. 0:03:36 G. Action Items 0:03:41 1. Resurrection Catholic Church Addition Conditional Use Permit No. Z-10356 with Variances (Thorpe) 0:04:02 Keri Thorpe, Assistant Planner, Department of Planning and Community Development Ms. Thorpe provided the presentation on this item. 0:09:20 Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:11:01 The Commission began asking questions of staff. 0:13:35 Bob Michels, on behalf of the Applicant Mr. Michels from Dowling, Sandholm Architects provided the applicant presentation on this item. 0:20:13 The Commission began questions for the applicant. 0:20:16 Mr. Michels Mr. Michels stated he did not have any problems with any of the staff conditions in the staff report. 18 Minutes of the Bozeman City Commission, February 28, 2011 3 of 8 0:20:24 The Commission continued questions for the applicant. 0:23:55 Public Comment Mayor Krauss opened public comment on this item. 0:24:10 Joe Stanislao, Public Comment Mr. Stanislao spoke as an engineer at 2014 Gilkerson Drive and as a member of the church and member of the building committee for the church. He expressed his strong support for this application and provided information as to why. 0:27:22 John Amsden, Public Comment Mr. Amsden of 5588 Patterson Road asked the Commission to support this application and spoke to why he feels the bell tower is necessary to the mission to serve the campus community. 0:28:55 Alise Ackman, Public Comment Ms. Ackman, a student of Montana State University asked that the Commission approve this application and spoke to the need for the bell tower so MSU students can locate the church. 0:30:32 Joel Murdy, Public Comment Mr. Murdy of East Silverbow, Belgrade said he has been a member of this church since he was an MSU student fifteen years ago and would urge the Commissions support of this application and spoke regarding the necessity of both the addition and the bell tower. 0:32:40 Ron Schafer, Public Comment Mr. Schafer of 501 Mountain View Drive spoke in support of the application and the need for the bell tower for visibility. 0:34:35 Chris Budeski, Public Comment Mr. Budeski of 315 Sheridan Ave. read a letter into the record from Father Val Sedela that urged approval of this application. 0:37:30 Linda Lozano, Public Comment Ms. Lozano of 1924 Sourdough Road urged the Commission to approve this addition and said the noise from the bell tower would be much less than the noise coming from Montana State University. 0:38:34 Ted Koterwas, Public Comment Mr. Koterwas of 403 West Alderson urged the Commission to support this application and spoke to the need for the bell tower for visibility purposes. 0:40:19 Public comment closed, motion, discussion and vote opened. Seeing no further public comment, Mayor Krauss closed public comment and opened motion, discussion and vote. 19 Minutes of the Bozeman City Commission, February 28, 2011 4 of 8 0:40:26 Motion that having reviewed the application materials, heard public comment, read public comment and considered all of the information presented, I move to approve Conditional Use Permit Z-10356, hereby incorporating by reference the findings included in the staff memo and the staff recommendation. It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed the application materials, heard public comment, read public comment and considered all of the information presented, I move to approve Conditional Use Permit Z-10356, hereby incorporating by reference the findings included in the staff memo and the recommended conditions on pages 2 and 3 of the staff memo numbered 1-12 and including the wetlands review board condition and including the statutory conditions on page 5 (later clarified they are on page 6). 0:41:06 Cr. Taylor Cr. Taylor spoke to the findings on the motion saying he does feel this is in conformance and consistent with the cities adopted growth policy and likes the conditions that will change conditions to bring it into compliance in addition to the other staff findings. 0:41:40 Mayor Krauss Mayor Krauss began discussion on the motion. 0:46:18 Cr. Taylor clarified the motion. Per a request from Cr. Mehl, Cr. Taylor clarified the motion by saying the statutory conditions start on page 6 not page 5. 0:47:01 Vote on the motion that having reviewed the application materials, heard public comment, read public comment and considered all of the information presented, I move to approve Conditional Use Permit Z-10356, hereby incorporating by reference the findings included in the staff memo and the recommended conditions on pages 2 and 3 of the staff memo numbered 1-12 and including the wetlands review board condition and including the statutory conditions on page 6. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:47:11 Motion that having reviewed the application materials, heard public comment, and considered all of the information presented, I move to approve the variance to Section 18.38.050.G.1, hereby incorporating by reference the findings included in the staff memo and the staff recommendation. It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed the application materials, heard public comment, and considered all of the information presented, I move 20 Minutes of the Bozeman City Commission, February 28, 2011 5 of 8 to approve the variance to Section 18.38.050.G.1, hereby incorporating by reference the findings included in the staff memo and the staff recommendation. 0:47:37 Cr. Andrus Cr. Andrus verified that the motion is to allow the free standing bell tower in the front of the building. 0:47:45 Vote that having reviewed the application materials, heard public comment, and considered all of the information presented, I move to approve the variance to Section 18.38.050.G.1, hereby incorporating by reference the findings included in the staff memo and the staff recommendation. Those voting Aye were Crs. Taylor, Andrus, Cr. Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:47:56 Motion and Vote that having reviewed the application materials, heard public comment, read public comment and considered all of the information presented, I move to approve the variance to Section 18.38.E.1, hereby incorporating by reference the findings included in the staff memo and the staff recommendation. It was moved by Cr. Taylor, seconded by Cr. Andrus that having reviewed the application materials, heard public comment, read public comment and considered all of the information presented, I move to approve the variance to Section 18.38.E.1, hereby incorporating by reference the findings included in the staff memo and the staff recommendation. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss. Those voting No being none. The motion passed 4-0. 0:48:43 Break Mayor Krauss called for a break. 1:06:53 2. Impound Lot Reuse/Further Development, No. R-10019 (Saunders) 1:07:09 Chris Saunders, Dept. of Planning and Community Development Mr. Saunders provided the presentation on this item. 1:15:29 The Commission began questions for staff. 1:33:51 Public Comment Mayor Krauss opened public comment on this item. 21 Minutes of the Bozeman City Commission, February 28, 2011 6 of 8 1:33:57 Greg Garrigues, Public Comment Mr. Garrigues of 412 West Story Street an adjacent property owner to the proposed impound lot, spoke in opposition of the application as they and the neighborhood use the applicant property for recreation and trails. He also spoke about concerns for this use within the flood plain. 1:38:23 Public comment closed, motion, discussion and vote. Seeing no further public comment, Mayor Krauss closed public comment and opened motion, discussion and vote. 1:38:42 Mr. Saunders, Applicant response Mr. Saunders spoke to the public comment provided. 1:43:10 Motion to approve R-10019, including agency exemptions from Section 18.42.130 to allow use of barbed wire on security fencing in the PLI district and to allow fence height to exceed a maximum 8 feet; and allowing the watercourse setback to comply with Section 18.42.100.A. It was moved by Cr. Andrus, seconded by Cr. Mehl to approve R-10019, including agency exemptions from Section 18.42.130 to allow use of barbed wire on security fencing in the PLI district and to allow fence height to exceed a maximum 8 feet; and allowing the watercourse setback to comply with Section 18.42.100.A. 1:43:48 Discussion on the motion. 1:52:44 Mr. Kukulski Mr. Kukulski provided additional information on this item for consideration. 2:02:56 The Commission requested that as time allows staff answers questions raised within this discussion. 2:03:04 Motion to table the previous motion. It was moved by Cr. Andrus, seconded by Cr. Mehl to table the previous motion. 2:03:18 Greg Sullivan, City Attorney Mr. Sullivan asked whether the intent of the motion was to table indefinitely. 2:03:18 The Commission and staff discussed whether the motion should be tabled indefinitely, or for a specific date. 2:06:22 Cr. Andrus amended the motion to table the motion until April 11th. 2:06:35 Vote on the motion to table the motion until April 11th. Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Krauss. 22 Minutes of the Bozeman City Commission, February 28, 2011 7 of 8 Those voting No being none. The motion passed 4-0. 2:07:15 3. Re-appointments to the North Seventh Urban Renewal Board (Kissel) 2:07:39 Motion and Vote to re-appoint Mike Hope to the North Seventh Urban Renewal Board. It was moved by Cr. Mehl, seconded by Cr. Taylor to re-appoint Mike Hope to the North Seventh Urban Renewal Board. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:07:55 Mayor Krauss appointed Ms. Wolfe to the North Seventh Urban Renewal Board as a voting member if there are no Commissioner objections. 2:08:04 The Commission verified their approval of the appointment. 2:08:30 Mayor Krauss Mayor Krauss thanked Ms Wolfe for her service and commended her for doing a really fine job from the beginning. 2:08:52 H. FYI/Discussion 2:09:49 1. Cr. Becker may or may not be present at the next commission meeting. 2:10:05 2. Discussion regarding the work plan Mr. Kukulski provided materials for this item. 2:11:22 3. Climate Action Plan Cr. Andrus verified that the latest draft of the Climate Action Plan is on the website. 2:11:51 4. Department of Environmental Quality public meeting on the Solvent Site will occur next Wednesday at 7 p.m. with a prior meeting with staff on Tuesday. 2:12:22 5. Letters from dog owners Mayor Krauss spoke regarding a number of letters from dog owners who were upset that an item had been 'taken off an agenda'. Mayor Krauss explained the item was never on an agenda but rather a proposed draft agenda. He did not approve this agenda item as there are a number of issues that are on the work plan that need to be dealt with. He then spoke further about the options available to the Commission on this item. 23 Minutes of the Bozeman City Commission, February 28, 2011 8 of 8 2:16:42 Mayor Krauss Mayor Krauss and staff discussed the importance of making a distinction between an item being on a proposed draft agenda and being on an approved agenda and discussed ways to make this distinction clearer to avoid miscommunication in the future. 2:18:56 6. Appropriate items for FYI on the agenda Cr. Andrus asked for clarification regarding which items would be appropriate for a Commissioner to ask to be placed on FYI on an agenda. 2:19:32 Mayor Krauss explained the proper use of FYI. 2:24:48 Cr. Taylor verified that he does not want to take up the issue of dogs on a piecemeal basis. 2:29:29 7. South 8th Water Main and Street Project Update Ms. Arkell spoke regarding the South 8th project saying it is a technical, time consuming project because of the need for a temporary water source for all the area residences. Replacement of the water main and street cannot be completed in the same construction season so they are planning to stagger the project over several years. The city cannot design this project in house at this time because MDT will not allow in house designing without certification from them. She asked that the Commission respond back to her on their views on moving forward with the water main replacement bid. 2:33:40 I. Adjournment Mayor Krauss adjourned the meeting at 8:35 p.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 24