HomeMy WebLinkAbout2008-06-02 Regular Meeting MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
B07EMAN, MONTANA
June 2, 2008
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, June 2, 2008 at 6:00 p.m. Present were Mayor
Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City
Manager Chris Kukulski, Deputy City Manager Ron Brey, Director of Public Service Debbie
Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, Fire Chief Chuck Winn, IT
Director Brendan Steele, and Deputy City Clerk Cynthia Jordan Delaney.
0:10:46 A. Call to Order - 6 p.m. -Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Jacobson called the meeting to order.
0:10:49 B. Pledge of Allegiance and a Moment of Silence
0:11:29 Mayor Jacobson
Mayor Jacobson stated that there was a mistake in the Chronicle this morning, We are not
holding the Halfway House CUP hearing this evening. We will open and continue it and hear it
in two weeks. She encouraged people to come on June 16 to give public testimony. If you testify
tonight, you won't be able to testify on June 16.
0:13:42 C. Public Service Announcement -Citizen Advisory Soard Vacancies (Delaney)
Deputy City Clerk Cynthia Jordan Delaney gave a PSA about citizen advisory board terms
expiring on June 30 as well as current board vacancies and encouraged citizens to apply.
0:20:03 D. Minutes - Apri121, 2008
0:20:25 Motion and Vote we need a motion for the Minutes of Apri121.
t was move v „ ec , er sec, _ ~ ,
r., , ,,,, , o,n,ded,,b„y,_ Cr. Rune, we „need a motion for the Minutes of
April 21.
eck,,,,,,,,,__,,,,pp,, n,, Krauss, and Mavor Jacobson.
er,
ose vo ina ye ein~ , „ rs; u rvso ,,
Those voting No being none.
The motion carried 5-0.
0:20:39 E. Consent
1. Authorize Payment of Clairns (LaMeres)
2. Authorize City Manager to sign a Public Access Easement for Roger's
Dermatology Project (Heaston)
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~3n~enzan City Commission Nleetizz~, June 2, 2008
3. Approve the Mutual Aid Agreement between the Bozeman Police
Department and the Gallatin Airport Authority and authorize Chief Mark
Tymrak to sign the Agreement on behalf of the Bozeman Police Department
(Kent)
0:20:42 Fublic Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:20:56 Motion and Vote approve of Consent items E. 1-3.
It was moved b Cr. Ru seconded b Cr. B son a rove of Consent items E. 1-3.
Those votin~_A a bein Crs. Rugp, ,,,,, ,,,, ,,,,ayor Jacobson.
..y g Bryson, Krauss, Becker,,,and M„.,,,,
Those voting No being none.
The motion carried 5-0.
0:21:14 F. Public Comment
Mayor Jacobson opened public comment.
0:22:01 Bill Moeckel -Public Comment
Mr. Moeckel, of 305 Lindley Place, stated that many working class folks have restored these old
houses with love and care. If this treatment center goes in, it will cause a rippling effect in this
neighborhood. Property values will go down, people will sell, and rentals will come in. He
worries about safety of meth users with criminal issues who might steal to get their next fix.
0:24:27 Robert Reinhart -Public Comment
Mr. Reinhart, of 4050 W Babcock in the Aspen Place Condominiums, lives across the street
from WeeBee's Cafe. He spent his life in health and wellness and finds it inconceivable that the
Ridge is allowing an institution that allows people to become involved in potentially addictive
behavior. It is across from prime real estate and five blocks from an elementary school.
0:27:13 Kathleen Stanley -Public Comment
Ms. Stanley, of 412 S Bozeman Avenue, has very serious concerns about the group home being
unlicensed. Other group homes in Bozeman are licensed and under 24/7 supervision. Her deepest
concern is that there are several layers of issues that cause and drive the addiction. It is
reprehensible that we are talking about a disturbed population residing together without 24/7
supervision.
0:31:41 Lucille Pope -Public Comme_n_t
Ms. Pope, a volunteer with the Alliance for Building Communities, stated that two weeks ago
ABC made suggestions to the Planning Board for affordable housing in the updated 2020 Plan to
include prevention and intervention. In one year we lost 90 manufactured homes. We suggest
that with any request for a zoning change, the Commission could intervene to prevent loss.
0:33:51 Dana Gleason -Public Comment
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Bozeman C7ty Coi~rnaission Meeting, June 2, 2008
Mr. Gleason, of 409 E Olive, lives within 200 feet of the proposed Halfway House. We're going
to have to start thinking about self-protection in a neighborhood that has traditionally been able
to have unlocked doors. Phis is truly scary to the people in the neighborhood. It is a grave
imposition on the character of neighborhood.
0:35:11 James Casper Donaldson -Public Comment
Mr. Donaldson has been homeless in Bozeman for six months. After reading the book The Seven
Habits of Highly Effective People, he wanted to apologize for his ego and for any inappropriate
behavior that may have upset people. He also recommended A New Earth by Eckhart Tolle. He
has mare ideas far solar energy.
0:37:47 Public Comment closed.
Mayor Jacobson closed public comment.
0:37:56 G. Action Items
0:38:00 1. Final Adoption of Ordinance No. 1745, Spring Creek Village Resort Zone
Map Amendment #Z-08028 (Riley)
0:38:09 Mr. Epple
Mr. Epple stated that this is an Action item based on the Commission's past actions,
recommending final adoption of Ordinance No. 1745. It was approved preliminarily on first
reading.
0:38:32 Mr. Kukulski
Mr. Kukulski clarified that the only reason this is found under Action instead of Consent is
because it wasn't unanimously approved (on Consent). To prevent it from being pulled off, the
new procedure is to put it as the first Action item.
0:39:18 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:39:41 Motion and Vote to approve Spring Creek Village Zone Map Amendment #2-
08028.
It was moved b Cr. B son seconded b Cr. Becker to a r ve S rin Creek Villa e
Zone Map Amendment #Z-0$028.
Those voting Ave being Crs. Bryson, Becker, and MaYOr Jacobson,
Those voting No being Crs. Krauss and Rupp.
The motion carried 3-2.
0:40:08 2. WeeBee's Cafe Conditional Use Permit and Planned Unit Development
Modification #Z-08086 (Riley)
0:40:19 Mr. Epple
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Boze~ncrn Cifi~ Co»zrnissk>n Meelin~, June 2, ?008
Mr. Epple stated that this CUP is to allow a restaurant to expand its services to include beer and
wine sales under a cabaret license. The Planning Dept. received five public camrnent letters of
opposition. It is zoned business park, but the Ridge PUD did contemplate and approve a
restaurant in an earlier plan. Staff and DRC recommend approval as submitted with conditions.
0:45:OS David DeHaan, Applicant
Mr. DeHaan, of 102-D Gallatin Drive, stated that they are agreeable to the staff conditions. It is
important for the public to understand that no more than 30% of gross sales can be beer and
wine. They want to pair beer and wine with meal items, and he distributed menus. They will
serve dinner until 10 p.m., closing by 11 p.m. Monday-Saturday. They don't see any negativity
for the school.
0:47:42 Public Comment opened.
Mayor Jacobson opened public comment.
0:47:54 Robert Reinhart -Public Comment
Mr. Reinhart, of 4050 W Babcock, repeated the comments he made earlier about opposing
adding the sale of beer and wine.
0:49:16 Public Comment closed.
Mayor Jacobson closed public comment.
0:49:21 Mr. DeHaan, Applicant
The applicant declined to rebut.
0:49:41 Motion approval of the WeeBee's Cafe Conditianal Use Permit and Planned Unit
Development Modification Z-08086.
It wvas moved b Cr. Krauss seconded b Cr. Becker a royal of the WeeBee's Cafe
Conditional Use Permit and Planned Unit Development Modification Z-08086.
0:52:07 Cr. Bryson
Cr. Bryson asked if the Commission would consider approving the CUP with the hours specified
by the applicant to be closed by 11 p.m., and stop serving dinner at 10 p.m.
0:52:41 Cr. Krauss
Cr. Krauss stated that he would accept that as an amendment.
0:52:43 Cr. Becker
Cr. Becker wouldn't accept that. We've never conditioned cabernet licenses in the past.
0:53:29 Cr. Rupp
Cr. Rupp might be supportive of Cr. Bryson's amendment if he tried a regular amendment
process..He finds difficulty with the change in this business plan.
0:55:42 Mr. Epple
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Bozernun City Corrarraission Meeting, Jurre ?, 2n08
Mr. Epple wanted to clarify that the motion was to approve with conditions as recommended by
staff.
0:55:50 Cr. Krauss
Cr. Krauss concurred that is the motion.
0:55:52 Vote approval of the WeeBee's Cafe Conditional Use Permit and Planned Unit
Development Modification Z-08086 (with conditions as recommended by staff).
It was moved by Cr. Krauss, seconded by Cr. Becker, approval of the WeeBee's Cafe
Conditional Use Permit and Planned Unit Develo meet Modification Z-08086 with
conditions as recommended by staff).
Those votin A e bein Crs. Krauss Becker B so and Ma or Jacob on.
Those voting No being Cr. Rupp,
The motion carried 4-1.
Please refer to pages 2-3 in the Staff Report in the June 2, 2008 packet for the seven
recommended conditions of approval.
0:56:11 3. Halfway House Conditional Use Permit and Certificate of Appropriateness
#Z-08070, open and continue to June 16, 2008 (Bristor)
O:S6:33 Cr. Rupp
Cr. Rupp wants to open and continue this to June 9 since he will not be here on June 16.
0:57:03 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:57:40 Mr. Epple
Mr. Epple stated that staff met with the applicant and their design representative today, and it
appears a viable solution is being worked up more quickly than anticipated. if the Cornmrssion
wants to continue to June 9, that is something that staff could accommodate.
0:59:17 Motion and Vote to open and continue the Halfway House Canditioual Use Permit
and Certificate of Appropriateness Application to the scheduled public hearing on
Monday, June 9, 200$.
It was moved by Cr. Becker, seconded by Cr. Rupp, to open and continue the Halfway
House Conditional Use Permit and Ce_rtificate_ of Appropriateness Application to the
scheduled public h r ____, ,,,,~ y,,,,,, T
e rngOn, o,
a , ,, ,, , , nd~_, June 9.2,008.
Those voting Ave being C_rs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.^~
Bozeman CiN C'onu~tission MeetinK, June ?, ?OOb'
0:59:46 4. South Towne Square Zoning Variance #C-08003 (Krueger)
1:00:16 Brian Krueger, Associate Planner
Mr. Krueger presented the staff report. The left hand turning movement at the intersection of
South 7th Avenue and Kagy Blvd. is failing. The applicant took the City-approved median
design to the Montana Department of Transportation, and MDOT won't allow a median or
signal. Literal enforcement isn't possible. Engineering and Planning staff recommend approval of
this variance.
1:1:35 Cr. Rupp
Cr. Rupp confirmed that the outcome MDOT wants is to put a traffic light here. If you fix the left
hand turns, you are going to eliminate some very dangerous traffic movements and reduce
accidents, and that will not allow MDOT to accomplish what they want at this intersection.
1:17:47 Cr. Krauss
Cr. Krauss stated that this intersection is a malfunction of the highest order, and he would not
vote for the median.
1:19:24 Benjamin Cape, Applicant
Mr. Cope, with Allied Engineering, is representing the consulting engineers for the duration of
this project. We empathize with the City's frustration in coming to resolution with this issue. We
have spent considerable time and effort. The staff has represented the issue very well.
1:20:00 Public Comment opened.
Mayor Jacobson opened public comment.
1:20:13 Chris Wilcox -Public Comment
Mr. Wilcox, of 1120 Willson, stated that he is very familiar with roundabouts since he lived
England. All roundabouts do is stop side impacts, but they make it a hassle, and they are a real
problem with pedestrians.
1:20:47 Public Comment closed.
Mayor Jacobson closed public comment.
1:21:06 Motion and Vote Zoning Variance C-08003 for approval.
Cr. Rupp acknowledged the patience of the applicant of working with us of being in this catch-
22 situation.
It was moved by_ Cr. Rupp, seconded by Cr. Bryson, Zoning Variance C-08003 for
approval.
Thane votin A e bein Crs. Ru B son Krauss Becker and Ma or Jacobson.
Those votin No bein none.
The motion carried 5-0.
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Bn~eirzu~~ Ci1v Coi~~n~r,ssioy7 Mee[ing, Jui7e ~, 2008
1:21:48 6. Appointments to the Beautification Advisory Board (Delaney)
1:22:55 Motion and Vate to approve Jeremy Grotbo to the Beautification Advisory Board.
was waved by Cr. Brvsan, seconded by Cr. Krauss, to approve Jeremy Grotbo. tv the
It ,,,._
Beautification Advisory Board.
Those voting Ave being Crs. Bryson, Krauss, Becker, Rupp, and_Ma~ r Jacobson.
Those voting No being none.
The motion carried S-0.
1:23:17 Motion and Vote to appoint Eryn Mikelson.
It was moved by Cr. Becker, seconded by Cr. Rupp, to appoint Eryn Mikelson:
Those voting Ave being Crs. Becker, Rupp, Bryson, Krauss,. and Mayor Jacobson.
Those voting No being none.
The motion carried S-0.
1:23:42 5. Resolution No. 4106, Final Adoption of the 2008-2009 Work Plan (Kukulski)
1:23:42 Mr. Kukulski
Mr. Kukulski asked the Commission if they are willing to watch an eight minute DVD to begin
the goal discussion.
1:24:10 Mayor Jacobson
Mayor Jacobson said yes to the DVD.
1:24:18 DVD
1:31:10 Mr. Kukulski
Mr. Kukulski reviewed the 2007-2008 Work Plan Accomplishments.
1:36:51. Mr. Kukulski
Mr. Kukulski stated that though not perfect completing all items on the 2007-2008 Work Plan,
he hopes the Commission sees overall quite a bit of accomplishment. The purpose tonight is to
adopt the 2008-2009 Work Plan.
1:42:23 Public Comment opened.
Mayor Jacobson opened public comment.
1:42:41 Chris Wilcox - PubCic Comment
Mr. Wilcox asked why the library gets to kick him out until June 18. He has the letter with him,
and he didn't get any response. It was wrong to kick him out for six months far no reason given.
He said it torques him, and you can only torque a bolt so much before it wants to snap, so he's
snapping back.
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Bozeanuaa Cih~ Coaaaaaaissinaa Meetiaag, Jame 2, 2008
1:43:47 Paul Luwe, City Attorney
Mr. Luwe advised Mayor Jacobson that public comment was earlier tonight and this is off the
subject, so she should call him out of order.
1:43:53 Mayor Jacobson
Mayor Jacobson called Mr. Wilcox out of order.
1:45:46 Cr. Becker
Cr. Becker asked if this Work Plan can be amended later. He has a number issue with the "Adopt
Climate Action Plan" goal: "Implement the recommendations reaching 20% of the carbon
reduction goal by December 2009." That's too high of a percentage.
1:47:33 Mayor Jacobson
Mayor Jacobson stated that we need to get the final report from the Climate Protection Task
Force in late June, and then we could amend this figure if need be.
1:48:17 Mr. Kukulski
Mr. Kukulski stated that you can amend the number later or just recognize it as a target we best
understood today and that it may be different in 12-18 months.
1:49:11 Motion and Vote to approve Final Adoption of the 2008-2009 Work Plan,
(Resolution) 4106.
It was moved b Cr. Becker seconded b Cr. Ru to a rove Final Ado tion of the 200$-
2009 Work Plan Resolution 4106.
Those voting Ave being Crs. Becker, Rugg, Bi-y,,,san,, and Mayor Jacobsou.
Those votin No bein Cr. Krauss.
The motion carried 4-1.
] :50:08 H. FYI/Discussiou
1:50:10 1. Discuss adding the suggested Policy Meeting topic, "Future of Streamline
Bus System," to the regular Commission Meeting Agenda on June 9, 2008 and consider
discussion paints relating to the presentation (Kukulski)
1:50:18 Mr. Kukulski
Mr. Kukulski asked for any feedback about what the Commission hopes or expects from staff or
Streamline folks because this is on next week's agenda.
1:51:12 Cr. Bryson
Cr. Bryson wants to know yes or no on the creation of an Urban Transportation District. This
board continues to meet to create a UTD. Make the decision and come to some resolution about
whether to make that decision in the future, or get that board out of there. We need to figure out
what to da with this board, whether it collapses into other existing transportation boards.
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BnWenaan City Commission Meeting, June 1, 20013
1:52:05 Cr. Krauss
Cr. Krauss wants information about the boards from the boards.
1:52:19 Cr. Becker
Cr. Becker wants to have a "State of Public Transit Address." We need to be aware of timetables
for when federal. funding peters off or stops, what the anticipated role of the City may be in the
future, how our development guidelines are supportive of public transit. What are other
alternatives and expectations? He wants a definition of what the UTD is.
1:53:35 Cr. Bryson
Cr. Bryson wants to discuss overlapping jurisdiction, municipalities included or excluded, how
Belgrade fits into the system, whether and how we create it and what it looks like geographically,
and how it interacts with other entities like MSU and Belgrade and outlying areas.
1:53:59 Cr. Rupp
Cr. Rupp asked if there will be enough energy and time for this subject on June 9.
1:55:14 Cr. Bryson
Cr. Bryson suggested that since Streamline is scheduled to come anyway, make it a shortened
version of an update on the bus system. Their ten minute update can be a primer far a further
conversation. Four Commissioners nodded yes.
1:55:50 2. Discuss scheduling a short meeting on June 30, 2008 or a possible luncheon
to discuss awarding the bids for the Gallatiu County 911 Communication Center and City
of Bozeman Fire Station #3 (Kukulski)
1:55:53 Mr. Kukulski
Mr. Kukulski stated that the Commission needs to meet for 15-20 minutes sometime in late June
to approve bids for Fire Station #3 and the 911 Center to get construction moving.
1:59:48 Cr. Bryson
Cr. Bryson suggested that the City and County Commissions could meet together in this room to
approve bids in a joint session an June 27 at 1:30 or 2 p.m.
2:00:19 Mr. Kukulski
Mr. Kukulski stated that he and Mr. Winn will work with the County to get that squared away.
2:00:27 3. Montana Department of Environmental Quality Letter regarding the
Bozeman Solvent Site (Arkell)
2:01:06 4. Consider cancelling the July 3, 2008 Policy Meeting and the July 7, 2008 City
Commission Meeting (Kukulski)
2:01:19 Crs. Rupp, Becker, and Krauss
Crs. Rupp, Becker, and Krauss agreed to cancel the July 3 and July 7 Meetings.
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Bozerncxn Cih~ C"orrrnrisrion Meeting, June ~, ?008
2:01:28 S. Reminder of the Policy Meeting on Thursday, June S, 2008 from noon-1:30
p.m. (Kukulski/Delaney)
2:01:29 Mr. Kukulski
Mr. Kukulski stated that this week's policy meeting will be on the gambling/gaming ordinance.
2:01:48 Cr. Rupp
Cr. Rupp asked about the closing this morning.
2:01:52 Mr. Kukulski
Mr. Kukulski stated that he signed the papers this morning, and there were no surprises in the
closing.
2:02:25 Mr. Kukulski
Mr. Kukulski stated that Tim Cooper is working on information about what is legally available to
us in further restricting the number of gaming machines inside or outside of the district.
2:04:07 Cr. Krauss
Cr. Krauss asked about who has been working with GVLT to have a ceremony about Burke
Park.
2:06:34 I. Adjournment
Mayor Jacobson adjourned the meeting at 8:02 p.m.
Kaaren Jacobson, Mayo
ATTEST:
Stacy 1 e City Clerk
PREPARED SY:
thia Jor Del~an-ey, Deputy Ci lerk
Approved on t/ U ~ ~ .~ 8
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