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Home My WebLink About2008-06-09 Regular Meeting MinutesLINKED MINUTES aF THE MEETING Off' THE CITY COMMISSION BOZEMAN, MONTANA June 9, 2008 :;< s :k ye =1- ~ k ~: s.; =k ~: ,: ~ s:; :;: ;k sti y x ;i :~ :~ :k:k ;, sy sfi The Commission of the City of Bozeman met in the Community Roam, Gallatin County Courthouse, 311 West Main Strict, on Monday, Junc 9, 2048 at 5:45 p.m. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Ci•. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Ka~kulski, Planning Director Andy Epple, City Attorney Paul Linn=e, and City Clerk Stacy Ulinen. 4:42:17 A. Call to Order -Executive Session - Sr4~ p.m. - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jaeobsan called the Executive Session to order at 5:45 p.m. Present were Mayor Jacabsan, Cr. Becker, Cr. Bryson, Cr. Krauss, Cr. Rupp,. and City Manager Chris Kukulski. City Clerk Stacy Ulmer was dismissed Pram the room. (}:{12;18 B. Executive Session - 5:;45-6 p.m. -Personnel il~latter This portion of the meeting was closed to the; public to discuss a personnel matter. 0:02:43 C. Call to Order -Regular Meeting - 6 p.m. -Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacabsan called the meeting to order at 6:{13 p.m, 4:02:45 Il. Pledge of Allegiance and a Moment of Silence 4:43:32 Changes to the Agenda Mayor Jacabsan asked City Manager Chz°is Kukulski if there were any changes to the Agenda. 0:03:37 Mr. Kukulski Mr. Kukulski suggested that action item number 5 be postponed. 0:44:53 Mayor Jacabsan Mayor Jacobson suggested that the Commission. see where they are an the agenda at 8 p.m. before postponing action item number 5. 4:OS:flB E. Public Service Announcement There was not a public sere=ice anz~auncement. 4:05:13 F. Minutes -May 12, 2008 and May 16, 2008 Joint City-County` Meeting 4:05:27 Motion and Vote to approve the Minutes of iVlay 12, 2008 and. the I1'lay 16, 2008 Joint City=-Counh~ Meeting as submitted. .'L~httttes' of the Bozerrrttn Citti' COrrtr7Ti5:Sion .'Vleetirlg, June 9, 2Q08 It was moved by Cr. Becker, seconded by Cr. Rupp.. to approve the Minutes of :~'tay 12,, 20D8 and_the Ma~~_lb, 2.008__Joint_Cit~,~-County_Meetn~ as submitted. Those voting Aye laeiu~ Crs. Becker Rupp, Bryson, Krauss, and Ma~'or Jacobson. Those voting no being none. The motion carried 5-0. 0:05:39 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Approv=e May 2008 Building Report (Doerksen) 3. Approve Homeless Awareness Day Proclamation {Ulmen) 4. Authorize City Manager to sign the Greek Way Apartments Sewer and Water Pipeline and Access Easement and Agreement (Murray) 5. Approve a Beer and V4'ne License for Fresco Cafe, Inc.. to sell Beer and Wino at 200 North 7th A~=enue (Neibauer} fi. Approve Resolution No. 4107, Certicatian of Delinquent City Assessments to the County Treasurer for Collection (Shannon} 0:05:45 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:05:59 Motion and Vote to approve items G. I-6 on the Consent agenda. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve items G. 1-6 on the Consent a~ed~. Those votin A 'e bein Crs. Ru Br Tson Krauss Becker and Ma 'or Jacobson. Those voting l~lo being none. The motion carried 5-0. O:Ob:27 H. Public Comment Mayor Jacobson opened public comment. 0:07:19 Berg Dirks, Public Corrzrtaer~l Mr. Dirks of 1712 West Olive Street spoke in support of the Halfway House.. 0:09:51 Public Comment closed Mayor Jacobson closed public comment. .Y1irlrrte.5' ref the B~verrrarr Citr Corrrrrrissinrr lleetirrg, Jerre 9, 2008 0:10:(} 1 1. Mayoral Proclamation -Homeless Awareness Day -July 12, :20{18 Mayor Jacobson proclaimed July 12, 2004 as Nameless Awareness Day. 0:12:54 J. Special Presentation -State of the Public Transit AddresslUpdate on the Streamline (Lisa Ballard, Streamline Coordinator, and David back, Chairman of the GALA~'AN/Streamline Adti°isor;~~ Board} 0:13:02 Cr. Rupp Cr. Rupp disclosed that he has a conflict of interest with this tapir and excused himself froze the dais and teak a seat in the audience. {1:13:3917avid Kaclc, Chairman of the Galavan/Straarnline Advisary Board Mr. Keck explained that in 2001 the updated transportation plan far the greater Bateman area «ras completed. The Cities of Bozeman, Belgrade, and Gallatin County passed resalutiozzs in 2005 recognizing HRDC as a recipient of FTA Funds, Streamline began in 2.006. 0:16:23 Lisa Ballard, Coordinator for Streamline bus system Ms. Ballard spoke regarding Streamline. The program has succeeded far beyond wrhat she had originally thought that it could do. This prograzrz includes Galar~an, Headstart, and Reach. Ms, Ballard spoke regarding partnerships and pointed out ridership averages. Ms. Ballard spoke regarding tl~e overall budget of the program and stated that more funding is needed. Ms. Ballard encouraged tlzc Commission to take part iza Dump the Pump Day. 0:26:41 K. Action hems 0:26:47 1. Halfway House Conditional Use Permit and Certificate of Appropriateness #Z-08070, opened and continued from June 2, 2008 (Bristor) 0:26:56 Cr. Bryson Cr. Bryson disclosed that he had a conversation with applicant representative Slzclly Johnson. 0:24:52 Mayer Jacobson Mayor Jacobsen disclosed that she called Julie Fink who is the head of the State Licensors for Community Residential Facilities to inquire as to whether or not this kind of halfway House needed to be licensed.. 0:29:44 Cr. Krauss Cr. Krauss disclosed that he spoke with Jennifer Sznitl~ Mitchell regarding the process of going through the design review comzxzittec. 0:30:21 Allyson Bristar, Planner Ms. Bristar presented the staff presentation. Staff is recamniending that the praJect be conditionally approved. .~linuf~s of the Bn4errarrrr City C'nrttmissiarr .~9eetirtg, J'utte 9, .2G'll8 0:42:23 Shelly Johnson-Director of Alcohol and Drug Services of Gallatin County Ms. Johnson presented the applicant presentation. This is a project that was implemented through the last legislature and approved by the Governor. These projects are in 7 other Cities state wide. Ms. Johnson stated that they have complied with the Conditional Use Permit and leave provided accurate information. Ms. Johnson explained that there is a screening. process and that there will not be any violent or sex offenders in this project. 0:46:4I Jeanette Berry, Applicant Attaniey Ms. Berry stated that she is a member ofthe Board of Directors for Alcohol and Drug services and is also an attorney. Ms. Berry spake regarding the state statutes regarding licensing and 24 Dour care. 0;53:05 Ms. Berry Ms. Berry stated that there is not a specific definition of 24 hour care in the Mantana Code. 0:56:33 Ms. Johnson Ms. Johnson spoke regarding the video surveillance. O:SS:57 Ms. Johnson Ms. Johnson stated that they do nat feel that the 3.1 1eve1 of care needs 24 Dour care. These individuals have met the criteria for the halfway house. They ga to work, go to treatment, go to support groups, and go to the hospital and volunteer. 1:00:04 Public comment Mayor Jacobson opened public comment. I :00:10 Mayor Jacobson Mayor Jacobson stated that she received written communication from Jennifer Bordy's Office indicating that Ms. Bondy is representing the neighborhood and. is requesting to speak. for 10 minutes. 1:00:38 J_erznifer Brit°dti', Puhlrc_Cottz~~er~t Ms. Bandy stated that she represents a group ofthe neighbors at the proposed facility. She went over state law regarding a community residential facility. She feels. there are several conflicts with the contract. She spoke regarding meth abuse. She stated that the Commission should deny this conditional use permit.. I :12:04 Mayar Jacobson Mayar Jacobson reminded the Commission and the public about civil discourse. 1:13:19 Rebecca Belirent Public Cantamlerrt Ms. Behrent of 20~ Lindley Place spoke regarding her opposition of the Halfway House. 4 .'Llirrutes of ttre Bo~enrtrrr Cite Ccrrrrrrrission Meeting, .t urre 9, 2(it78 1:16:44 Bill Mitchell, Public CouTSnent Mr. Mitchell of 122 South Church asked the Commission to impose a candition tha# a neighbor be present on the selection committee. He requested that there be 24 hour employee supen~isozz, more police patrols, that the CUP be reviewed each year, maintenance and lawn care for the area takes place, and that 3 trees are planted on Church and Olive Street. 1:20:57 Darera_Nordha,~en, Public CornrTTeTat Mr. Noz°dhagen of 115 Soutll Church spoke regarding his concerns of the project. Mz°. Nordhagen encouraged the Commission to deny the application, 1:24:10 Debbie Perrlanct, Public C'oTTTTUent Ms. Penland of 115 Ciz°cle Drive spoke regarding her concerns of the project. Ms. Penland stated that this project is wrong for the neighborhood. 1:25:45 Steve_Scarff. Public CortTUtent Mr. Scarff of 214 South Church spoke regarding leis concerns with the project. Mr. Scarff asked tlaat the Commission deny the project.. 1:28:53 Dort K1•eitl„ Public Comment Mr. Kreitz of 2001 Fairway Drive stated that he is apposed to the application. 1:29:19 Paul:Ru~heirn~er°, Public Conartzent Mr. Rugheimer of 506 Oxford Drive stated that he owns a property at 202 South Church. Mr. Rugheizner stated his concern of the application. 1:31:41 Shawn (lTeral, Public Comment Mr. Ofcral stated that he has lived on the east end of $ozeman for 50 years and that he is a proponent oftl~e recovery house.. 1:33:57 Ceo Ste Izens Public ConzrTrent Mr. Stephens of 205 South Church spoke regarding the concept of recovery. Mr. Stephens spoke regarding his idea ofproposed conditioz7s that should be implemen#ed regarding the application. 1:37:12 Jefr~ev Jo1rTT Res, Publr'L CornfTrent Mr. Riggs of 116 South Church. spoke in support of the project. 1:40:03 rtlearnarz Go,-x4 ales. Public Con2ment Mr. Gonzales of 112 South Church spoke regarding leis concerns of the project. 1:41:15 CoT•y~ Soucie, Public Cor'Traxent Ms. Soucie of 326 South Church stated that she is opposed to the project.. 1:4I :47 Alma Kessell'iei~n, Public Corrrrnerit :'t1'~nrttes ~f t)re Sa;,eaarrrrr C1ti• C~rrrnrirsiorr .~leetirr~, Jrrrre 9, 2(~f18 Mr. Kesselheim of 415 East Alive stated that he is In support of the facility and the reason behind it but has a problem regarding the way the process has occurred. 1:43:04 .Iexxxxi}er Snxitlz-lllitclxell, Public Carnxnexxt Ms. Mitchell of 122 South Church stated that she is a proponent of recovery. Ms. Mitchell handed out a list of impacts and mitigations that she lied prepared. 1:46:29 Lixxda Gorx<ales. Public Cnxnnzeaxt Ms. Gonzales of 112 South Church stated that she is against the project if there is net constant supervision given at the facility. 1:47:28 Bill Halpin, Public_Coxxxxnexxt Mr. Halpin stated. that he is tl~e owner of 11 S South Church. Mr. Halpin spoke regarding his concerns regarding tl~e proposed density in facility and that he is opposed to the project. 1:49:45 Steve Kelly, Public Coxxxnxexxt Mr. Ke11y of 4750 Jordan Spur Road stated that his wife owns file property u°here the project is proposed. Mr. Kelly spoke regarding the background and communication that has taken place regarding the project. 1:53:OS Briazz Gallik, Pzzblic Coxnxxxent Mr. Gallik of 31 O East Koch spoke about meth. use. Mr. Gallik applauds the efforts of Alcolxol and 17rug services but he feels the application has been mishandled. He handed out a publication to the Commission. Mr. Gallik suggested that a cammittce be farmed. 1:57:48 Dau,~ Sclzuxxxaclzer, Public Conznxent Mr. Schumacher of 426 West Babcock stated that he is in recovery and spoke about his support of recovery efforts. 2:01:03 Clarice £)z~,~er, Public Cyinrnent Ms. Dryer of 4750 Jordan Spur Road stated that she owns the proposed property and that she supports the project. It is a necessity for nur community. This is a voluntary program and tixese people are asking for Delp. 2.02:23 Briaxx Gullicksczn, Public Coxa~r~xerzt. Mr. Gullickson suggested. that the Commission table the application. 2:07:04 Bradt Wiseman, Public Cnxnxxxexxt Mr. Wiseman of 3247 Gardenbrook L,a~le urged the Commission to table the application.. 2:10:26 Mayor Jacobson Mayor Jacobsen closed public comment. 2:10:33 Mayor Jacobson 6 ;~lirrutns ~f tl~e Bo: errrr7rr Cite Corrarrrissir~,rr ;~leetin~, ,1`rrrre 4, 2(1G'8 Ivlayor Jacobsoz7 suggested that Action Item number 5. Historic Preservatiazz: Second Story Additions to One Story Properties be postponed. 2:11:10 Cr. Krauss Cr. Krauss agreed but he ~.°ould like to see the item early an an agenda ar at a policy meeting 2:.12;36 Ms. Berry Ms. Berry stated that it was ne~~er t11e intentiazz to offend anyone. The setup of this facility is the same as all the other 7 halfway houses in Montana. 2:22:15 Cr. Bcckcr Cr. Becker asked if the facility ~°auld consider publishing goad z~eighbar guidelines. 2:22:39 Ms. Johnson Ms. Johnson stated that they arc willing to publish good neigl~bar guidelines. . 2:24:03 Cr, Backer Cr. Becker asked if the applicant would consider putting a neighbor azz the selection committee. 2:24:10 Ms. Johnson They ~~rauld consider a neighborhood representative. 2:24:1$ Ms. Berry Ms. Berry stated that this would need to be looked into to see if a neigl,borhoad representative could ser=e on the committee, 2:30:5 Cr. Becker Cr. Becker asked if the applicant would consider putting in a motion detector in the back yard. 2:31:12 Ms. Johnsazi Ms. Jahzxsozl stated that they would consider putting in a motiaz~ light. 2:32:45 Motion to approve the Conditi®nal Use Permit r~~ith the requirements as outlined by staff. It was moved by Cr. Sccker, seconded by Cr. Krauss to approve the Conditional Use Permit with the requirements as outlined by staff. 3:09:37 Cr. Krauss Cr. Krauss stated that he would Like a week delay. 3;14:04 ()ne Week Delay Request Cr. Krauss asked for a One Week delay. 3:11:39 Break 7 .'4~irrrrtes ~f the Bo~errrarr Cite Coni-nis4icl-a .9leetirr~T, .Torre 9, 2t1a8' 3:37:02 2. Durston House Zone Map Amendment #Z-08072 tBristor) 3:37:09 Ms. Bristor Ms. Bristor presented the Staff report. Staff recommends appro~~al. 3:44:51 Eric Nelson, Applicant Mr. Nelson stated that lie is here on behalf of fihink One Design Group and presented the applicant presentation. 3:47:21 Public Comment Mayor Jacobson opened public coinrnent. 3:47:31 John ~'i~ontsaxe.~s Public ~C`o~fai~ient Mr. Tromsness of 1002 West Durston stated that he is concen~cd about future density. 3:49:47 Public comment closed. Mayor Jacobson closed public comment. 3:49:48 Motion to approve the Dunstan House Zone Map Amendment #Z-08072 with the contingencies listed in the Staff Report. It was moved by Cr. Krauss, seconded by Cr. Becker to approve the Durston House Zone Map Amendment Z-08072 with the contingencies (listed in the Staff Report}. 3:52:13 'Vote an the motion to approve the Durston House Zone Map Amendment #Z-08072 with the contingencies listed in the Staff Report. Those vatin~ Ave being Crs. KraussLBecker, Rupp, Bryson, and Mayan Jacobean. Those voting No being none. The motion carried 5-0. 3:52:27 3. Martel Residence Annexation A-08001 (Skelton} 3:52:48 Public Comment Mayor Jacobson opened public comment. No person cozn~nented. Mayor Jacobson closed public conimcz~t. 3:53:07 Motion to continue the matter of the Martel Residence Annexation and Zone Map Amendment (Agenda Item K.4) to a date uncertain not to exceed 90 days. _41i-autes of the Bn;,e--au-a City Co-a-naission <~leeti-ag, June 9, 2Da9& it was moved by Cr. Becker, seconded by Cr,Runt~, to continue the may#ter of the Martel Residence Annexation and Zone i~-late Amendment {A~enda item K.4) to a date r~ncertain not to exceed 9a days. 3...:54:09 Vote to continue the matter of the Martel Residence Annexation and Zone Map Amendment (Agenda item K.4) to a date uncertain not to exceed 90 days. Those yotin~ Aye being Crs. Becker, .Rupp, Bryson, Krauss, and flavor Jacobson. Those voting No being none. The motion carried 5-t}. 3:55:03 4. :4'iartel Residence Zone Map Amendment #Z-~~D8078 (Skelton) This item was opened and continued with agenda item 1{. 3. 3:55:33 L. FYI/Discussion 3:55;48 1. Chickens in R-1 zoning designations Cr. Rupp stated he would like chickens in R-1 zoning designations discussed at a policy mcctin~. He has been approacl3ed on the issue. 3:59;03 3. Local Gptian Tax Mr. I~ukulski updated the Commission on the discussions that have taken place g~~ith the Towns and Cities in Gallatin Valley. 4;09:01 M. Adjournment Mayor Jacobson adjourned the meeting at 10:14 p.m ATTEST: Kaaren Jacahson. ' or Stacy lrnc ,City Clerk PREPARED BY: Stacy lmc ,City lcrk Approved on - ~-~ 9