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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 11, 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, July 11, 2011. Present were Deputy Mayor Sean Becker, Commissioner
Cyndy Andrus, Commissioner Carson Taylor, 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.
0:11:10 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Deputy Mayor Becker called the meeting to order.
0:11:16 B. Pledge of Allegiance and a Moment of Silence
0:11:59 C. Changes to the Agenda
Deputy Mayor Becker asked Assistant City Manager Chuck Winn if there were any changes to
the agenda. Mr. Winn stated that there will be a special presentation given.
0:12:18 D. Authorize Absence of Mayor Krauss and Commissioner Mehl
0:12:24 Motion and Vote to authorize the absences of Mayor Krauss and Cr. Mehl.
It was moved by Cr. Andrus, seconded by Cr. Taylor to authorize the absences of Mayor
Krauss and Cr. Mehl.
Those voting Aye being Crs. Andrus, Taylor and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
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Minutes of the Bozeman City Commission Meeting on July 11, 2011
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0:12:38 E. Minutes – May 16, 2011 and May 23, 2011
0:12:43 Motion and Vote to approve the minutes from May 16th and May 23rd, 2011 as
submitted.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the minutes from May
16th and May 23rd, 2011 as submitted.
Those voting Aye being Crs. Taylor, Andrus and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
0:12:59 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Professional Services Agreement with Morrison Maierle
for North Seventh Lighting Design and Construction Administration (Johnson)
3. Authorize City Manager to sign Professional Services Agreement with SAIC Energy,
Environment & Infrastructure to conduct a Solid Waste Services and Rate Design Study
(Winn)
4. Finally Adopt Ordinance No. 1804, Amending Title 18, Unified Development Ordinance
to revise Zoning related provisions (Saunders)
5. Finally Adopt Ordinance No. 1808, Amending Title 18, Unified Development Ordinance
to modify Subdivision Review Provisions (Saunders)
6. Finally Adopt Ordinance No. 1809, Amending Title 18, Unified Development Ordinance
to replace Chapter 18.34 Site Plans (Saunders)
7. Finally Adopt Ordinance No. 1811, establishing a cap of twenty one (21) on Medical
Marijuana Storefront Businesses (Sullivan)
0:13:03 Public Comment
Deputy Mayor Becker opened public comment.
No person commented.
Deputy Mayor Becker closed public comment.
0:13:26 Motion and Vote to approve Consent Items 1-7.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent Items 1-7.
Those voting Aye being Crs. Andrus, Taylor and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
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Minutes of the Bozeman City Commission Meeting on July 11, 2011
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0:13:48 G. Public Comment
Deputy Mayor Becker opened general public comment.
0:14:20 Scott Bischke, Public Comment
Mr. Bischke of 3940 Graf Street spoke regarding the Climate Protection Act. He spoke regarding
his disappointment that funding for the Climate Protection Action Plan is left out of this year's
budget.
0:17:33 Public Comment closed
Deputy Mayor Becker closed public comment.
0:17:36 Special Presentation-Presentation of $10,000 check for the Bring Back the 4th
Grant.
Darren Dobie of Liberty Northwest Insurance stated that Bozeman received a Bring Back the 4th
Grant for $10,000 that the City applied for. He then preceded to hand a large check for $10,000
to Deputy Mayor Becker.
0:20:07 H. Action Items
0:20:09 1. Request for City Commission to reclaim review of application No. Z-11139,
Digital Skylines Site Plan with a Certificate of Appropriateness at 705 Bridger Drive
(Saunders)
0:20:53 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding a request for the City Commission to reclaim
review of application No. Z-11139, Digital Skylines Site Plan with a Certificate of
Appropriateness at 705 Bridger Drive.
0:23:47 Public Comment
Deputy Mayor Becker opened public comment.
0:24:07 Jean Trombley, Public Comment
Ms. Trombley of 2413 Birdie Drive stated that she has submitted a letter of objection to the
Commission. She spoke regarding the City telecommunication Ordinance. She urged that the
Commission adhere to City Regulations. She urged the City to not reduce the setbacks. Please
look at other areas. Slow the process down.
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Minutes of the Bozeman City Commission Meeting on July 11, 2011
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0:26:47 Kent Madin, Public Comment
Kent Madin of 14543 Kelly Canyon Road spoke regarding public safety. The City has a clear
opportunity to take the lead in addressing public safety. Factor this in. He spoke regarding
minimizing impacts.
0:30:57 Bob Trombley, Public Comment
Mr. Trombley of 2413 Birdie Drive, stated that he and his wife have submitted a letter of
objection. He spoke regarding the impact of the view shed for all in the City. He spoke regarding
the development in the proposed area. He spoke regarding review of the application.
0:34:23 David Andreassi, Public Comment
Mr. Andreassi spoke regarding the letter he wrote to the editor of the local newspaper. He then
read the letter which spoke of the location of the cell tower. He spoke regarding the impact on
the view shed and property values. He spoke regarding proposed projects in the area where the
Cell tower is to be located. He wants to see the City’s Entry Way Corridors protected.
0:37:06 Don Rudberg, Public Comment
Mr. Rudberg of 2517 Valhalla Court stated that his wife was a prior City Commissioner. He
spoke regarding the location of the cell tower. There should be a wider search for a site that
creates less harm. He spoke regarding a possible option.
0:39:49 Don Lucker, Public Comment
Mr. Lucker of 2408 Par Court stated that he is a market director for cell sites. He represents the
Bridger Corridor and Assessment Team. He urged the Commission to appoint a Citizens Group
and put a moratorium on this and give us time to come up with solutions.
0:44:01 Rolland Rounds, Public Comment
Mr. Rounds of 2415 Birdie Drive stated that he and his wife wrote a letter rejecting the tower.
The Verizon representative stated that they are considering 7 more towers. Need to look at the
entire plan and not just each tower individually.
0:44:51 Brian Gallik, Public Comment
Mr. Galik stated that he is an Attorney with Goetz Law Firm and stated that he is representing
the Bridger Corridor Enhancement Team. He is requesting that they reclaim authority. The
community should be heard. This application can have significant impacts on the community.
0:46:41 Stacy Ulmen, City Clerk
Ms. Ulmen stated that two letters of public comment were handed to her prior to the meeting.
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0:47:12 Motion that having heard and considered public testimony, materials presented in
the packet, and finding that the application is of significant impact to the community and
the full evaluation of all relevant factors is best reviewed by the City Commission, I move
that the City Commission reclaim review of application Z-11139 and further move to
schedule the date for consideration of the application to August 15, 2011.
It was moved by Cr. Taylor, Seconded by Cr. Andrus that having heard and considered
public testimony, materials presented in the packet, and finding that the application is of
significant impact to the community and the full evaluation of all relevant factors is best
reviewed by the City Commission, I move that the City Commission reclaim review of
application Z-11139 and further move to schedule the date for consideration of the
application to August 15, 2011.
0:47:59 Commission Discussion on the Motion
Discussion took place regarding the public interest of the community and the feeling that this has
a significant impact.
0:49:29 Vote on the Motion that having heard and considered public testimony, materials
presented in the packet, and finding that the application is of significant impact to the
community and the full evaluation of all relevant factors is best reviewed by the City
Commission, I move that the City Commission reclaim review of application Z-11139 and
further move to schedule the date for consideration of the application to August 15, 2011.
Those voting Aye being Crs. Taylor, Andrus and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
0:50:10 2. South Towne Square Outdoor Seating / On Premise Consumption of Alcohol
Conditional Use Permit No. Z-11102 (Krueger)
0:50:50 Brian Krueger, Planner
Mr. Krueger gave the staff presentation regarding South Towne Square Outdoor Seating / On
Premise Consumption of Alcohol Conditional Use Permit No. Z-11102.
1:03:40 Questions for Staff
The Commission and Staff spoke regarding parking, lease arrangements for parking, other
outdoor seating area examples, offsite parking plans, the City noise ordinance, the next step in
the process and expansion related to liquor licenses.
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1:11:35 Craig Madsen, Allied Engineering Services
Mr. Madsen stated that he is representing the applicant. They agree with all of the conditions. He
spoke regarding the public comments received on this application including the extended hours,
delivery trucks, limiting idling hours, a 10 year lease agreement for parking, garbage dumpsters
and the understanding of being a good neighbor.
1:15:41Commission Questions for Applicant
The Commission and applicant spoke regarding screening.
1:16:04 Public Comment
Deputy Mayor Becker opened public comment.
1:16:18 Sandy Osborne, Public Comment
Ms. Osborne of 2845 Spring Meadows Drive stated that she has concern about the left hand
turners in the area. This is not being adhered to. She spoke regarding public safety.
1:18:27 Public Comment Closed
Deputy Mayor Becker closed public comment.
1:18:58 Commission Discussion with staff
Debbie Arkell, Public Works Director spoke regarding enforcement with the left hand turn area.
The possible installation of some type of safety devices was discussed.
1:25:45 Motion that having reviewed the application materials, considered public comment,
and considered all information presented, I hereby adopt findings presented in the staff
report for Z-11102 and move to approve Conditional Use Permit application Z-11102 to
construct outdoor restaurant seating areas with on premise alcohol consumption, hereby
incorporating by reference the findings included in the staff report with conditions and
subject to all applicable code provisions.
It was moved by Cr. Andrus Seconded by Cr. Taylor that having reviewed the application
materials, considered public comment, and considered all information presented, I hereby
adopt findings presented in the staff report for Z-11102 and move to approve Conditional
Use Permit application Z-11102 to construct outdoor restaurant seating areas with on
premise alcohol consumption, hereby incorporating by reference the findings included in
the staff report with conditions and subject to all applicable code provisions.
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1:26:19 Commission Discussion
The Commission discussed the benefit to the community in regards to this application, the left
hand turn issue, the concern of noise close to a neighborhood, the ability of co-location, and the
spirit of the rules to be a good neighbor.
1:29:27 Vote on the Motion that having reviewed the application materials, considered
public comment, and considered all information presented, I hereby adopt findings
presented in the staff report for Z-11102 and move to approve Conditional Use Permit
application Z-11102 to construct outdoor restaurant seating areas with on premise alcohol
consumption, hereby incorporating by reference the findings included in the staff report
with conditions and subject to all applicable code provisions.
Those voting Aye being Crs. Andrus, Taylor and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
1:29:39 Break
Deputy Mayor Becker declared a break.
1:37:47 Call back to order
Deputy Mayor Becker called the meeting back to order.
1:38:00 3. Provisional Adoption of Ordinance No. 1812, proposing revisions to Chapter
18.58 of the Bozeman Municipal Code, Floodplain Regulations of the Unified Development
Ordinance (Heaston)
1:38:24 Brian Heaston, City Engineering
Mr. Heaston gave the staff report regarding the Provisional Adoption of Ordinance No. 1812,
proposing revisions to Chapter 18.58 of the Bozeman Municipal Code, Floodplain Regulations
of the Unified Development Ordinance.
1:41:23 Public Comment
Deputy Mayor Becker opened public comment.
No person commented.
Deputy Mayor Becker closed public comment.
1:41:50 Motion to provisionally adopt Ordinance No. 1812, amending Sections 18.58.040;
18.58.090.B.4.d; 18.58.250; and 18.58.260 of the Bozeman Municipal Code as proposed.
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It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopt Ordinance No.
1812, amending Sections 18.58.040; 18.58.090.B.4.d; 18.58.250; and 18.58.260 of the
Bozeman Municipal Code as proposed.
Those voting Aye being Crs. Taylor, Andrus and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
1:43:20 4. Reappointments to the Beautification Advisory Board (Kissel)
1:43:21 Motion and Vote to appoint Cathy Suit, Christopher Thompson and Terry
Quatraro to the Beautification Advisory Board.
It was moved by Cr. Andrus, seconded by Cr. Taylor to appoint Cathy Suit, Christopher
Thompson and Terry Quatraro to the Beautification Advisory Board.
Those voting Aye being Crs. Andrus, Taylor and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
1:43:40 5. (Re)Appointments to the Bozeman Historic Preservation Advisory Board
(Kissel)
1:43:45 Motion to re-appoint Jared Infanger (Professional), Paul Reichert (at-large), Anne
Sherwood (switching from at large to Historic District) Jecyn Bremer (Historic District)
and to appoint Steven Keuch (at-large), Jennifer Britton (at large) and Angela King
Keesee (at large) and move to change Bruce Brown's position from at large to Historic
representative.
It was moved by Cr. Taylor, seconded by Cr. Andrus to re-appoint Jared Infanger
(Professional), Paul Reichert (at-large), Anne Sherwood (switching from at large to
Historic District) Jecyn Bremer (Historic District) and to appoint Steven Keuch (at-large),
Jennifer Britton (at large) and Angela King Keesee (at large) and move to change Bruce
Brown's position from at large to Historic representative.
1:44:50 Vote on the Motion to re-appoint Jared Infanger (Professional), Paul Reichert (at-
large), Anne Sherwood (switching from at large to Historic District) Jecyn Bremer
(Historic District) and to appoint Steven Keuch (at-large), Jennifer Britton (at large) and
Angela King Keesee (at large) and move to change Bruce Brown's position from at large to
Historic representative.
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Those voting Aye being Crs. Taylor, Andrus and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
1:44:56 6. Appointments to the Impact Fee Advisory Committee (Kissel)
1:45:18 Motion and Vote to appoint Randy Carpenter (not employed by the development
industry) and Erik Nelson (land developer) to the Impact Fee Advisory Committee.
It was moved by Cr. Andrus, seconded by Cr. Taylor to appoint Randy Carpenter (not
employed by the development industry) and Erik Nelson (land developer) to the Impact
Fee Advisory Committee.
Those voting Aye being Crs. Andrus, Taylor and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
1:45:36 7. Appointment to the Tree Advisory Board (Kissel)
1:45:51 Motion and Vote to appoint Lessa Racow to the Tree Advisory Board.
It was moved by Cr. Taylor, seconded by Cr. Andrus to appoint Lessa Racow to the Tree
Advisory Board.
Those voting Aye being Crs. Taylor, Andrus and Deputy Mayor Becker.
Those voting No being none.
The motion passed 3-0.
1:46:01 I. FYI/Discussion
1:46:10 1. Mental Health Center Letter of Support
Deputy Mayor Becker stated that he has added a letter of support for the Mental Health Center to
the next Commission agenda.
1:46:41 2. LED Lighting
Cr. Taylor wants a clearer policy on lighting. Cr. Becker spoke regarding discussions that took
place regarding North 7th. He could forward correspondence that he had regarding this. City
Engineer Rick Hixson has assigned a City Engineer to look at options in this area.
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1:49:48 3. Artificial Turf
Ms. Arkell stated that artificial turf has been installed at the median at Garfield and Fowler as a
demonstration.
1:51:48 J. Adjournment
Deputy Mayor Becker adjourned the meeting at 7:43 p.m.
____________________________________
Jeff Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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