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Home My WebLink About03-07-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION I March 7, 2011 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 Ave being Crs. Andrus, Mehl, Taylor and Ma or Krauss. Those voting No being none. The motion passed 4-0. Page 1 of 9 Minutes of the Bozeman City Commission Meeting, March 7, 2011 0:23:28 F. Action Items 0:23:30 Consent Item No. 4 Approve Minutes of April 20, 2009 (Kissel) 0,23.39 ' MotioB 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. Tailor, 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 votinp_ Aye being Crs. Taylor, Andrus, Mehl and Ma or 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 Derinee, 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 Ha Sin 1e Household Residence and AccessoLy 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. Page 3 of 9 Minutes of the Bozeman City Commission Meeting, March 7, 2011 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 !21 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 Cily Commission and that the Commission would only hear appeals. Those voting Ale 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 b3: 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 fora plications 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 statc:....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 Page 5 of 9 Minutes of the Bozeman City Commission meeting, March 7, 2011 meeting that included all of the changes from the January Rst meeting. The Commission agreed to add the "Spring Bobcat Festival" as a recognized community event.) Those votim Aye being Crs. Ta ylor, 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 SlOO to $250 De 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. Meh 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. Tailor, 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 Nye 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. Page 7 of 9 Minutes of the Bozeman City Commission Meeting, March 7, 201.1 3 FYI/Discussion 3:06:40 1. No meeting on March 14"' 3:06:49 2. Thank you from Missoula for help 3:07:[19 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 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. ,4, , , 1,01, " , d, W � � � Vn�� of' B0 A -T 'TT �4C,_ CSt; en, C City Clerk J e 1f?�VPa&_s',_Mayor ')IYWCA �tac Ulm ir,CMC, City Jerk Approved on Lrd I Page 9 of 9