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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 23, 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, May 23, 2011. 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.
0:00:14 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
0:00:17 B. Pledge of Allegiance and a Moment of Silence
0:00:18 C. Changes to the Agenda
There will be two additional Public Service Announcements.
0:00:19 D. Public Service Announcements
0:00:20 1. City Offices Closed Monday, May 30th in observance of Memorial Day (Ulmen)
City Clerk Stacy Ulmen gave the PSA regarding Office closures on Memorial Day.
0:01:36 2. Library Grounds Master Plan Public Forum
Neighborhoods Coordinator Allyson Bristor stated that the Library is hosting a Grounds Master
Plan Public Forum on May 24th.
0:02:41 3. East Gallatin Recreation Area
Director of Parks and Recreation Ron Dingman spoke regarding the East Gallatin Recreation
Area. Mr. Dingman stated that this property may be for sale by the State.
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0:05:46 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign grant agreements and other documents related to a
grant proposal to the Department of Justice, Community Oriented Policing Services,
Secure Our Schools program (Stocks)
3. Authorize Submittal of Grant application to the Montana Preservation Fund (Kramer)
4. Finally Adopt Ordinance No. 1805, implementing prior Commission action on Zone Map
Amendment No. Z-10320 Loyal Garden Lot 1, Phase 1A (Skelton)
5. Finally Adopt Ordinance No. 1806, implementing prior Commission action on Zone Map
Amendment No. Z-10240 Loyal Garden Lot 2-3, Phase 1A (Skelton)
0:05:51 Public Comment on Consent Agenda
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closed public comment.
0:06:00 Motion and Vote to approve Consent items E. 1-5 as submitted.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve Consent items E. 1-5 as
submitted.
Those voting Aye being Crs. Andrus, Mehl, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:06:16 F. Public Comment
Mayor Krauss opened general Public Comment.
0:06:49 Mike Delaney, Public Comment
Mr. Delaney of 101 East Main Street apologized for words he said regarding the Carnegie
Parking lot. He spoke regarding moving forward.
0:10:47 George Metcalf, Public Comment
Mr. Metcalf of 11 Chinook Trail at Four Corners asked that the Commission consider the Salar
Memo of Understanding soon.
0:13:29 Wendy Luisi, Public Comment
Ms. Luisi of 786 North 15th stated that she is the applicant for the Design Review Board. She
recognizes that her length of time in Bozeman may be an issue. She has come to Bozeman for
schooling.
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0:16:40 Public Comment closed
Mayor Krauss closed public comment.
0:16:45 G. Special Presentation – Update on Potential City Flooding
Fire Chief Jason Shrauger updated the Commission and the Public on the potential City flooding.
0:32:52 H. Action Items
0:32:54 1. Resolution No. 4316, notifying the Gallatin County Election Administrator of
the City's desire to conduct the 2011 City Primary (if held) and the 2011 General Election
by Mail Ballot in accordance with Section 13-19-202 of the Montana Code Annotated and
Decision of funding Postage Return costs (Ulmen)
City Clerk Stacy Ulmen gave the staff presentation regarding Resolution No. 4316, notifying the
Gallatin County Election Administrator of the City's desire to conduct the 2011 City Primary (if
held) and the 2011 General Election by Mail Ballot in accordance with Section 13-19-202 of the
Montana Code Annotated and decision of funding postage return costs.
0:36:41 Public Comment
Mayor Krauss opened public comment.
Ms. Ulmen stated that one phone call public comment came in on this item.
No person spoke.
Mayor Krauss closed public comment.
0:37:12 Motion to approve Resolution No. 4316, notifying the Gallatin County Election
Administrator of the City's desire to conduct the 2011 City Primary (if held) and 2011
General Election by Mail Ballot in accordance with Section 13-19-202 of the Montana Code
Annotated including the funding for return postage costs, and direct City Clerk to submit
the Resolution to the Gallatin County Elections Office by June 11, 2011.
It was moved by Cr. Mehl, seconded by Cr. Becker to approve Resolution No. 4316,
notifying the Gallatin County Election Administrator of the City's desire to conduct the
2011 City Primary (if held) and 2011 General Election by Mail Ballot in accordance with
Section 13-19-202 of the Montana Code Annotated including the funding for return
postage costs, and direct City Clerk to submit the Resolution to the Gallatin County
Elections Office by June 11, 2011.
0:37:49 Commission discussion on the Motion
0:52:08 Vote on the Motion to approve Resolution No. 4316, notifying the Gallatin County
Election Administrator of the City's desire to conduct the 2011 City Primary (if held) and
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2011 General Election by Mail Ballot in accordance with Section 13-19-202 of the Montana
Code Annotated including the funding for return postage costs, and direct City Clerk to
submit the Resolution to the Gallatin County Elections Office by June 11, 2011.
Those voting Aye being Crs. Mehl, Taylor and Mayor Krauss.
Those voting No being Cr. Becker and Andrus.
The motion passed 3-2.
0:52:47 2. Fellowship Baptist Church Conditional Use Permit with Variances
Application No. Z-11069 (Skelton)
Sr. Planner Dave Skelton gave the staff presentation regarding Fellowship Baptist Church
Conditional Use Permit with Variances Application No. Z-11069. He highlighted each of the
variance requests.
1:05:25 Parks and Recreation Director, Ron Dingman
Mr. Dingman spoke regarding the use of the park and possible conflicts. He also spoke regarding
shared use paths.
1:10:52 Questions for staff
The Commission and staff spoke regarding park use, disc golf use, parking lots on Oak Street
and Tschache, Rose Park, future development between Tschache and Baxter, traffic on 27th,
levels of service and trip generation, extending Rose Park, winter use of the Park, frontage,
safety concerns, access to the Park and connectivity.
1:38:35 Break
Mayor Krauss declared a break.
1:51:44 Meeting called back to order
Mayor Krauss called the meeting back to order and stated that the Applicant has agreed to
postpone Action Item 3. Public hearing on Impact Fee Appeal No. 1102 from Norton
Properties and J & D Family Partnership, regarding procedural flaws in Impact Fee Credit
Request No. 1101.
1:52:31 Van Bryan, Applicant's Representative
Mr. Bryan stated he is with Van Bryan Studio Architects. He spoke regarding the phasing plan of
the church. He spoke regarding the old Conditional Use Permit and the reasons behind adding
the variances.
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1:55:49 Questions for Applicant
The Commission and Applicant discussed the conditions and hardships, the phasing of the
project, connectivity, and the parking areas by Breeze Lane.
2:03:42 Public Comment
Mayor Krauss opened public comment.
2:03:56 Steve Vanwinkle, Public Comment
Mr. Vanwinkle stated that he is the Pastor for the Church. He spoke regarding concerns of 25th.
He spoke regarding providing access to trails and parking lots and Rose Park.
2:07:06 Jeremy Shea, Public Comment
Mr. Shea of 176 Blue Roan of Belgrade spoke regarding the Folf Course and safety.
2:08:32 Public Comment closed
Mayor Krauss closed public comment.
2:09:02 Public Hearing closed
Mayor Krauss closed the public hearing.
2:13:04 Motion that having reviewed the application materials, considered public comment,
and considered all of the information presented, including all of the conditions of granting
a variance, I hereby adopt the findings presented in the staff report for Z-11069 and move
to approve the requested variance to Section 18.44.010A "Relationship to Undeveloped
Areas" and 18.44.010.B "Relationship to Developed Areas" to not construct North 25th
Avenue and provide for the continuation of streets.
It was moved by Cr. Becker, seconded by Cr. Taylor that having reviewed the application
materials, considered public comment, and considered all of the information presented,
including all of the conditions of granting a variance, I hereby adopt the findings presented
in the staff report for Z-11069 and move to approve the requested variance to Section
18.44.010A "Relationship to Undeveloped Areas" and 18.44.010.B "Relationship to
Developed Areas" to not construct North 25th Avenue and provide for the continuation of
streets.
2:14:03 Discussion on the motion
The Commission discussed the motion including connectivity, affordability, access to the Park,
capacity expanding, shared paths, the need to build the church in an affordable manner, and the
concern of parking. The Commission would like staff and the applicant to meet and work out
some options instead of denying the variance requests. Mayor Krauss suggested using the "silver
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bullet" approach by moving this item ahead to a future meeting. The applicant would like to
move ahead with the review process while this takes place. Staff agreed.
2:40:37 This item was moved 2 weeks.
3. Public hearing on Impact Fee Appeal No. 1102 from Norton Properties and J & D
Family Partnership, regarding procedural flaws in Impact Fee Credit Request No. 1101
(Saunders)
This item was moved by June 20th.
2:48:09 4. Appointment to the Beautification Advisory Board (Kissel)
2:48:13 Motion and Vote to approve (appointing) Karyn Bonderud to the Beautification
Board.
It was moved by Cr. Andrus, seconded by Cr.Mehl to approve (appointing) Karyn
Bonderud to the Beautification Board.
Those voting Aye being Crs. Andrus, Mehl, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:48:30 5. Appointment to the Bozeman Area Bicycle Advisory Board (Kissel)
2:48:32 Motion and Vote to appoint Inge Perkins as the non-voting High School
representative to the Bozeman Area Bicycle Advisory Board.
It was moved by Cr. Taylor, seconded by Cr. Andrus to appoint Inge Perkins as the non-
voting High School representative to the Bozeman Area Bicycle Advisory Board.
Those voting Aye being Crs. Taylor, Andrus, Mehl, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:48:49 6. Appointment to the Design Review Board (Kissel)
The Commission did not appoint anyone to this board.
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2:50:08 I. FYI/Discussion
2:50:21 1. Salar Request
This item is on June 20th.
2:50:32 2. Action Item 3 on this agenda
This item has been moved to June 20th.
2:50:47 3. Cr. Andrus Absent on June 6th
2:50:55 K. Adjournment
Mayor Krauss adjourned the meeting at 8:59 p.m.
The Regular meeting was adjourned in order to go into Executive Session regarding Litigation
Strategy. A separate set of minutes have been transcribe for the Executive Session.
____________________________________
Jeff Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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