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HomeMy WebLinkAbout07-11-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION July 11, 2011 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 0:12:21 Motion and Vote to authorize the absences of Mayor Krauss and Cr. Mehl. It was moved by Cr. Andrus, seconded by Cr. Ta ylor to authorize the absences of Ma o Krauss and Cr. Mehl. Those votinL Aye being Crs. Andrus, Taylor and Deputy Mayor Becker. Those votine No being none. The motion passed 3-0. Page 1 of 10 Minutes of the aoromom City Commission Meeting moJuly 11, 2011 0: 12:3 8E. Minutes — May l6,2011 and May 23, 2011 0:]2:43 Motion and Vote to approve the minutes from May t60band May 23rd.2021em 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. Ta t M or Becker. Those voting No being none. The motion passed 3-0. 0: 12:59 F. Consent 1. Authorize Payment ofAccounts Payable Claims(LaMeres) l 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, Emviromment& Infrastructure tm conduct aSolid Waste Services and Kate Design Study (Winn) 4. Finally Adopt Ordinance No. 10Q4, 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 (Saundem) 6. Finally Adopt Ordinance No. 1809, Amending Title 18, Unified Development Ordinance to replace Chapter 2A.34 Site Plans (Saundero) 7. Finally Adopt Ordinance No. 1811, establishing a cap of twenty one (21) on Medical Marijuana Storefront Businesses (Su||ivan) 0:I3:03 Public Comment Deputy Mayor Becker opened public comment. No person commented. Deputy Mayor Becker closed public comment. O�:l].26 Motion and Vote to approve Consent Items 1-7[ It was moved by Cr. Andrus, seconded by Cr. Talor to approve Consent Items 1-7. Those voting Aye being Crs. Andrus, Taylor and Deputt M#Aor Becker. Those voting No being none. The motion 12assed 3-0. Page 2 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2011 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 :091. 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. Page 3 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2011 0:26 Kent Marlin, 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. lie spoke regarding review of the application. 0:34:23 DavidAndreassi, 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 Rudherg, 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 Luc 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. Page 4 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2011 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 Cily 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 Ave being Crs. Taylor, Andrus and Deputy Ma Becker. Those votinLy 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 Pen 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. Page 5 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2011 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 :15:41 Commission 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. Page 6 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2011 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 Ale being Crs. Andrus ,Jg1for and Deputy Mg or Becker. Those votinl! 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. Page 7 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2011 It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1812, amendini! 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 Ave 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. Ta ylor to appoint Cathy Suit, Christopher Thompson and Ter !2: Quatraro to the Beautification Advisory Board. Those voting Aye being Crs. Andrus, Taylor and Deputy Ma or Becker. Those voting No being none. The motion passed 3-0. 1:43:40 5. (Re)App ointments 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 Keesce (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 Infange (Professional), Paul Reichert (at-large), Anne Sherwood (switching from at large to Historic District) Jecyn Bremer (Historic District) and to appoint Steven Keuch (at-lar2c), Jennifer Britton (at large) and Angela King Keesce (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. Page 8 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2o11 Those voting A-ye 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. Talor to amoint Rand _a Cary enter not emploved-by the development industry) and Erik Nelson land developer) to the Impact Fee Advisory Committee. Those voting &e being Crs. Andras ,jayfor and Deputy Ma or 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 Ave being Crs. Taylor, Andrus and De ly Ma or 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. 1:46:412. 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. Page 9 of 10 Minutes of the Bozeman City Commission Meeting on July 11, 2011 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 Adjournment Deputy Mayor Becker adjourned the meeting at 7:43 p.m. 0 0. ATTES�� : Stacy U Ile TIN CO Jell K Page 10 of 10