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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 7, 2011
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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 7, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, 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.
0:18:36 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 6:10 p.m.
0:18:37 B. Pledge of Allegiance and a Moment of Silence
0:19:14 Welcome
Mayor Krauss welcomed everyone to the meeting.
0:19:31 C. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated that the authorization of the absence of Deputy Mayor Becker needed to take
place.
0:19:49 Authorize the absence of Cr. Becker
0:19:51 Motion and Vote to authorize the absence of Cr. Becker.
It was moved by Cr. Andrus, seconded by Cr. Mehl to authorize the absence of Cr. Becker.
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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0:20:02 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Memorandum Of Understanding, grant agreements and
other documents related to submission of a grant proposal to the Office of Violence
Against Women: Rural Sexual Assault, Domestic Violence and Stalking Assistance
Program (Stocks)
3. Authorize City Manager to sign Letter of Intent to Collaborate, grant agreements and
other documents related to submission of a grant proposal to the Office of Violence
Against Women: Safe Havens grant program (Stocks)
4. Approve Minutes of April 20, 2009 (Kissel)
5. Approve Cancelling the City Commission Meeting on Monday, March 14, 2011 (Ulmen)
0:20:37 Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closed public comment.
0:20:46 Cr. Taylor
Cr. Taylor requested that Consent Item 4. Approve the minutes of April 20, 2009 be pulled from
the Consent Agenda. This was agreed upon by the Commission and added to the Action Items.
0:21:14 Motion and Vote to approve consent items D. 1, 2, 3 and 5.
It was moved by Cr .Taylor, seconded by Cr. Andrus to approve consent items D. 1, 2, 3
and 5.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:21:32 E. Public Comment
Mayor Krauss opened public comment.
0:22:13 Gay Elliot, Public Comment
Gay Elliot of 515 West Peach Street stated that she owns Cravins at 515 West Peach Street. She
does not want the parking taken away on the north side. She makes lunches for fishing guides
and they will not be able to stop and pick them up any more. She cannot attend the Commission
meeting on the 28th. Eliminating parking will definitely damage her business. Her sons will be
at the meeting on the 28th.
0:23:23 Public comment closed.
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0:23:28 F. Action Items
0:23:30 Consent Item No. 4 Approve Minutes of April 20, 2009 (Kissel)
0:23:39 Motion to approve the minutes from April 20, 2009 with the exception that at 35:51
instead of reading Mayor Krauss should read Mayor Jacobson.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the minutes from April
20, 2009 with the exception that at 35:51 instead of reading Mayor Krauss should read
Mayor Jacobson.
0:26:18 Vote on the Motion to approve the minutes from April 20, 2009 with the exception
that at 35:51 instead of reading Mayor Krauss should read Mayor Jacobson.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:26:25 1. Happel Single Household Residence with Accessory Garage Sketch Plan
Certificate of Appropriateness with Deviations, 608 South Grand Avenue, No. Z-11019
(Kramer)
0:26:38 Courtney Kramer, City of Bozeman Historic Preservation Officer
Ms. Kramer gave the staff presentation regarding the Happel Single Household Residence with
Accessory Garage Sketch Plan Certificate of Appropriateness with Deviations, 608 South Grand
Avenue, No. Z-11019.
0:37:17 Greg Dennee, Locati Architects
Mr. Dennee stated that he is the applicant's representative. He spoke regarding the conditions
and the stone that will be used on the project.
0:38:39 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:38:47 Motion to approve the Happel Single Household Residence and Accessory Garage
Sketch Plan Certificate of Appropriateness with deviations as conditioned by Staff and
with accompanying Code Provision recommendations and adopt the findings found in the
staff report.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the Happel Single
Household Residence and Accessory Garage Sketch Plan Certificate of Appropriateness
with deviations as conditioned by Staff and with accompanying Code Provision
recommendations and adopt the findings found in the staff report.
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0:41:21 Vote on the Motion to approve the Happel Single Household Residence and
Accessory Garage Sketch Plan Certificate of Appropriateness with deviations as
conditioned by Staff and with accompanying Code Provision recommendations and adopt
the findings found in the staff report.
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:41:38 2. Spring Creek Village Resort Lot 4 Zone Map Amendment No. Z-11002
(Request to Open and Continue) (Saunders)
0:41:49 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:42:07 Motion and Vote to continue the public hearing for Zone Map Amendment No. Z-
11002 to March 21, 2011 to allow time for the Zoning Commission to conduct their
required public hearing and make their report.
It was moved by Cr. Mehl, seconded by Cr. Taylor to continue the public hearing for Zone
Map Amendment No. Z-11002 to March 21, 2011 to allow time for the Zoning Commission
to conduct their required public hearing and make their report.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:42:31 3. Ordinance No. 1798, General Revisions to Chapter 12.32 of the Bozeman
Municipal Code, Parades and Public Assemblies, Providing for Revisions to the
Regulations and Approval of Parades and Public Assemblies (Arkell)
0:42:46 Debbie Arkell, Director of Public Services
Ms. Arkell gave the staff presentation regarding Ordinance No. 1798, General Revisions to
Chapter 12.32 of the Bozeman Municipal Code, Parades and Public Assemblies, Providing for
Revisions to the Regulations and Approval of Parades and Public Assemblies.
1:18:06 Public Comment
Mayor Krauss opened public comment.
1:18:30 Ellie Staley, Public Comment
Ms. Staley stated that she is with the Downtown Bozeman Partnership. She spoke regarding
events that the Partnership throws. She spoke regarding sponsorship of the Christmas Stroll and
security. She spoke regarding the Bobcat Festival.
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1:23:42 Public Comment closed.
Mayor Krauss closed public comment.
1:24:02 Discussion
The Commission gave their points of view on staff time related to events, a cap on the amount of
events, fee structures, and the need for a nexus between Main Street and the events, and deeming
the staff responsible for making decisions.
2:09:14 Motion to provisionally adopt Ordinance No. 1798 generally revising Chapter 12.32
of the Bozeman Municipal Code.
It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopt Ordinance No.
1798 generally revising Chapter 12.32 of the Bozeman Municipal Code.
2:09:35 Amendment and Vote that City Manager be responsible for reviewing applications
instead of the City Commission and that the Commission would only hear appeals.
It was moved by Cr. Taylor, seconded by Cr. Andrus that City Manager be responsible for
reviewing applications instead of the City Commission and that the Commission would
only hear appeals.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:10:18 Amendment and Vote to amend the Ordinance No. 1798, adding an additional
standard for approval (issuance) which there would be a demonstrable nexus between the
purpose of the gathering and the use of Main Street. This is for applications that seek to
close Main Street.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the Ordinance No. 1798,
adding an additional standard for approval (issuance) which there would be a
demonstrable nexus between the purpose of the gathering and the use of Main Street. This
is for applications that seek to close Main Street.
Those voting Aye being Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:14:19 Amendment to the Main Motion and Vote to amend 12.32.070 Sub- Section E & F
to clarify as the City Attorney explained. Section E. the last sentence shall state:….the
permit holder or participants in or attendees to the parade or public assembly. Section F. The
city manager may grant exceptions a waiver to the requirements of this section for city
sponsored events or for other events taking into account the general public health, safety and
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welfare associated with the request for exception, as well as the liability risk associated with
the parade and or public assembly when the city manager determines……
It was moved by Cr. Mehl, seconded by Cr. Taylor to amend 12.32.070 Sub- Section E & F
to clarify as the City Attorney explained. Section E. the last sentence shall state:….the
permit holder or participants in or attendees to the parade or public assembly. Section F. The
city manager may grant exceptions a waiver to the requirements of this section for city
sponsored events or for other events taking into account the general public health, safety and
welfare associated with the request for exception, as well as the liability risk associated with
the parade and or public assembly when the city manager determines……
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:15:23 Amendment to the Main Motion and Vote to change definition of Public Assembly
to mean any meeting, march, demonstration, picked line, rally, or gathering of seventy five
(75) or more persons rather than the 25 persons.
It was moved by Cr. Mehl, seconded by Cr. Taylor to change definition of Public Assembly
to mean any meeting, march, demonstration, picked line, rally, or gathering of seventy five
(75) or more persons rather than the 25 persons.
Those voting Aye being Crs. Mehl, Taylor and Andrus.
Those voting No being Mayor Krauss.
The motion passed 3-1.
2:24:09 Amendment to the Main Motion and Vote to amend section I (12.32.230) to read as
follows: "No parade participant shall throw, cast, or drop candy, trinkets, or any other articles
from a moving vehicle. This provision does not prohibit a parade participant from handing
providing candy or other articles directly to the spectators provided the participant is walking."
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend section I (12.32.230) to read
as follows: "No parade participant shall throw, cast, or drop candy, trinkets, or any other
articles from a moving vehicle. This provision does not prohibit a parade participant from
handing providing candy or other articles directly to the spectators provided the participant is
walking."
Those voting Aye being Crs. Taylor, Andrus and Mayor Krauss.
Those voting No being Cr. Mehl.
The motion passed 3-1.
2:27:28 Vote on the Main Motion to provisionally adopt Ordinance No. 1798 generally
revising Chapter 12.32 of the Bozeman Municipal Code. (It was clarified that the Ordinance
amended this evening is the version that has been included in the packet materials for this
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meeting that included all of the changes from the January 31st meeting. The Commission
agreed to add the "Spring Bobcat Festival" as a recognized community event.)
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
2:27:42 Motion (restated) to direct that a fee resolution come back to the Commission that
we continue to bill as we do and increase from $100 to $250 per road closure application
per incident.
It was moved by Cr. Mehl, seconded by Cr. Taylor to direct that a fee resolution come back
to the Commission that we continue to bill as we do and increase from $100 to $250 per
road closure application per incident.
2:29:23 Vote on the Motion to direct that a fee resolution come back to the Commission
that we continue to bill as we do and increase from $100 to $250 per road closure
application per incident.
Those voting Aye being Crs. Mehl, Taylor and Andrus.
Those voting No being Mayor Krauss.
The motion passed 3-1.
2:29:31 Motion to direct staff to come back to the Commission for their consideration at
that time with a schedule of costs and fees based upon actual costs to the City of whatever
events are permitted for consideration at that time.
It was moved by Cr. Taylor, seconded by Cr. Andrus to direct staff to come back to the
Commission for their consideration at that time with a schedule of costs and fees based
upon actual costs to the City of whatever events are permitted for consideration at that
time.
2:31:38 Vote on the Motion to direct staff to come back to the Commission for their
consideration at that time with a schedule of costs and fees based upon actual costs to the
City of whatever events are permitted for consideration at that time.
Those voting Aye being Crs. Taylor and Andrus.
Those voting No being Cr. Mehl and Mayor Krauss.
The motion tied 2-2.
Cr. Becker will need to break this tie vote on March 21st.
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2:32:09 5. Appointment to the Tourism Business Improvement District Board of
Trustees (Kissel)
2:32:20 Cr. Andrus
Cr. Andrus recused herself from the dais due to a potential conflict of interest because of her
affiliation with this Board.
2:32:37 Discussion
The appointment was not made to the TBID because the Commissioners wanted to consider the
applicants further. A request was made to not place the appointment on the March 21st agenda
because it follows Spring Break.
2:33:23 Public Comment
Mayor Krauss opened public comment.
2:33:40 Jeremy Fatouros, Public Comment
Mr. Fatouros stated that this is his second time applying for this board. He spoke regarding his
assets for being a participating member on this board.
2:34:33 Larry Lambert, Public Comment
Mr. Lambert spoke regarding his attendance at the meetings. He stated that Ms. Ferrell has not
attended many. Both he and Mr. Fatouros have been attending the meetings on a regular basis.
2:36:16 Public Comment closed
Mayor Krauss closed public comment.
2:39:40 Break
Mayor Krauss declared a break.
2:55:35 4. Discuss the Work Plan and Goals for 2011-2012 (Kukulski)
2:55:44 Mayor Krauss
Mayor Krauss asked the Commission if they wanted to proceed with the goals this evening
because there is not a full Commission present. The Commission agreed to hold off until a full
Commission was present.
2:56:39 Discussion
The following items were discussed and asked to be incorporated into the Goals when they are
discussed in the future. The downtown goal to increase density and parking is no longer
explicitly listed. Please explain why. The sign code is not in here. Is that because it is coming up
soon? Add a proposal to deal with dogs. Add the State of the City items from the Mayor's
address. Add Planning Board's to request the City Manager and a representative sample of the
Development Review Committee to join the Planning Board to discuss the Unified Development
Ordinance Amendments that would streamline the review process within the statutory limits.
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3:06:12 G. FYI/Discussion
3:06:40 1. No meeting on March 14th
3:06:49 2. Thank you from Missoula for help
3:07:09 3. Planning Board request-representative of Development Review Committee to join
discussion of Unified Development Ordinance amendments
3:09:50 4. Fontenot meeting with international visitors.
3:10:58 5. House Bill 495-Entitlement-Legislature
3:14:31 6. Tax Increment Financing-Legislature
3:16:13 7. House Bill 516-Protective classes
3:18:08 H. Adjournment
Mayor Krauss adjourned the meeting at 9:13 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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