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HomeMy WebLinkAbout08 04 2008_June 9, 2008 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 9, 2008 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, June 9, 2008 at 5:45 p.m. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Stacy Ulmen. 0:02:17 A. Call to Order – Executive Session – 5:45 p.m. – Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the Executive Session to order at 5:45 p.m. Present were Mayor Jacobson, Cr. Becker, Cr. Bryson, Cr. Krauss, Cr. Rupp, and City Manager Chris Kukulski. City Clerk Stacy Ulmen was dismissed from the room. 0:02:18 B. Executive Session – 5:45-6 p.m. – Personnel Matter 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 Jacobson called the meeting to order at 6:03 p.m. 0:02:45 D. Pledge of Allegiance and a Moment of Silence 0:03:32 Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the Agenda. 0:03:37 Mr. Kukulski Mr. Kukulski suggested that action item number 5 be postponed. 0:04:53 Mayor Jacobson Mayor Jacobson suggested that the Commission see where they are on the agenda at 8 p.m. before postponing action item number 5. 0:05:08 E. Public Service Announcement There was not a public service announcement. 0:05:13 F. Minutes – May 12, 2008 and May 16, 2008 Joint City-County Meeting 0:05:27 Motion and Vote to approve the Minutes of May 12, 2008 and the May 16, 2008 Joint City-County Meeting as submitted. 9 Minutes of the Bozeman City Commission Meeting, June 9, 2008 It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Minutes of May 12, 2008 and the May 16, 2008 Joint City-County Meeting as submitted. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting no being none. The motion carried 5-0. 0:05:39 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Approve 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 Wine License for Fresco Cafe, Inc. to sell Beer and Wine at 200 North 7th Avenue (Neibauer) 6. Approve Resolution No. 4107, Certification 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. 1-6 on the Consent agenda. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve items G. 1-6 on the Consent agenda. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:06:27 H. Public Comment Mayor Jacobson opened public comment. 0:07:19 Ben Dirks, Public Comment 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. 2    10 Minutes of the Bozeman City Commission Meeting, June 9, 2008 0:10:01 I. Mayoral Proclamation – Homeless Awareness Day - July 12, 2008 Mayor Jacobson proclaimed July 12, 2008 as Homeless Awareness Day. 0:12:54 J. Special Presentation – State of the Public Transit Address/Update on the Streamline (Lisa Ballard, Streamline Coordinator, and David Kack, Chairman of the GALAVAN/Streamline Advisory Board) 0:13:02 Cr. Rupp Cr. Rupp disclosed that he has a conflict of interest with this topic and excused himself from the dais and took a seat in the audience. 0:13:39 David Kack, Chairman of the Galavan/Streamline Advisory Board Mr. Kack explained that in 2001 the updated transportation plan for the greater Bozeman area was completed. The Cities of Bozeman, Belgrade, and Gallatin County passed resolutions in 2005 recognizing HRDC as a recipient of FTA Funds. Streamline began in 2006. 0:16:23 Lisa Ballard, Coordinator for Streamline bus system Ms. Ballard spoke regarding Streamline. The program has succeeded far beyond what she had originally thought that it could do. This program includes Galavan, Headstart, and Reach. Ms. Ballard spoke regarding partnerships and pointed out ridership averages. Ms. Ballard spoke regarding the overall budget of the program and stated that more funding is needed. Ms. Ballard encouraged the Commission to take part in Dump the Pump Day. 0:26:41K. Action Items 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 Shelly Johnson. 0:28:52 Mayor Jacobson Mayor Jacobson disclosed that she called Julie Fink who is the head of the State Licensure 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 Smith Mitchell regarding the process of going through the design review committee. 0:30:21 Allyson Bristor, Planner Ms. Bristor presented the staff presentation. Staff is recommending that the project be conditionally approved. 3    11 Minutes of the Bozeman City Commission Meeting, June 9, 2008 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 have 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. 0:46:41 Jeanette Berry, Applicant Attorney Ms. Berry stated that she is a member of the Board of Directors for Alcohol and Drug services and is also an attorney. Ms. Berry spoke regarding the state statutes regarding licensing and 24 hour care. 0:53:05 Ms. Berry Ms. Berry stated that there is not a specific definition of 24 hour care in the Montana Code. 0:56:33 Ms. Johnson Ms. Johnson spoke regarding the video surveillance. 0:58:57 Ms. Johnson Ms. Johnson stated that they do not feel that the 3.1 level of care needs 24 hour care. These individuals have met the criteria for the halfway house. They go 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. 1:00:10 Mayor Jacobson Mayor Jacobson stated that she received written communication from Jennifer Bordy's Office indicating that Ms. Bordy is representing the neighborhood and is requesting to speak for 10 minutes. 1:00:38 Jennifer Bordy, Public Comment Ms. Bordy stated that she represents a group of the 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. 1:12:04 Mayor Jacobson Mayor Jacobson reminded the Commission and the public about civil discourse. 1:13:19 Rebecca Behrent, Public Comment Ms. Behrent of 208 Lindley Place spoke regarding her opposition of the Halfway House. 4    12 Minutes of the Bozeman City Commission Meeting, June 9, 2008 1:16:44 Bill Mitchell, Public Comment Mr. Mitchell of 122 South Church asked the Commission to impose a condition that a neighbor be present on the selection committee. He requested that there be 24 hour employee supervision, 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 Daren Nordhagen, Public Comment Mr. Nordhagen of 115 South Church spoke regarding his concerns of the project. Mr. Nordhagen encouraged the Commission to deny the application. 1:24:10 Debbie Penland, Public Comment Ms. Penland of 115 Circle 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 Comment Mr. Scarff of 214 South Church spoke regarding his concerns with the project. Mr. Scarff asked that the Commission deny the project. 1:28:53 Don Kreitz, Public Comment Mr. Kreitz of 2001 Fairway Drive stated that he is opposed to the application. 1:29:19 Paul Rugheimer, Public Comment Mr. Rugheimer of 506 Oxford Drive stated that he owns a property at 202 South Church. Mr. Rugheimer stated his concern of the application. 1:31:41 Shawn Oferal, Public Comment Mr. Oferal stated that he has lived on the east end of Bozeman for 50 years and that he is a proponent of the recovery house. 1:33:57 Geof Stephens, Public Comment Mr. Stephens of 205 South Church spoke regarding the concept of recovery. Mr. Stephens spoke regarding his idea of proposed conditions that should be implemented regarding the application. 1:37:12 Jeffrey John Riggs, Public Comment Mr. Riggs of 116 South Church spoke in support of the project. 1:40:03 Herman Gonzales, Public Comment Mr. Gonzales of 112 South Church spoke regarding his concerns of the project. 1:41:15 Cory Soucie, Public Comment Ms. Soucie of 326 South Church stated that she is opposed to the project. 1:41:47 Alan Kesselheim, Public Comment 5    13 Minutes of the Bozeman City Commission Meeting, June 9, 2008 Mr. Kesselheim of 415 East Olive 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 Jennifer Smith-Mitchell, Public Comment 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 had prepared. 1:46:29 Linda Gonzales, Public Comment Ms. Gonzales of 112 South Church stated that she is against the project if there is not constant supervision given at the facility. 1:47:28 Bill Halpin, Public Comment Mr. Halpin stated that he is the owner of 118 South Church. Mr. Halpin spoke regarding his concerns regarding the proposed density in facility and that he is opposed to the project. 1:49:45 Steve Kelly, Public Comment Mr. Kelly of 4750 Jordan Spur Road stated that his wife owns the property where the project is proposed. Mr. Kelly spoke regarding the background and communication that has taken place regarding the project. 1:53:05 Brian Gallik, Public Comment Mr. Gallik of 310 East Koch spoke about meth use. Mr. Gallik applauds the efforts of Alcohol and Drug services but he feels the application has been mishandled. He handed out a publication to the Commission. Mr. Gallik suggested that a committee be formed. 1:57:48 Doug Schumacher, Public Comment Mr. Schumacher of 426 West Babcock stated that he is in recovery and spoke about his support of recovery efforts. 2:01:03 Clarice Dryer, Public Comment 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 our community. This is a voluntary program and these people are asking for help. 2:02:23 Brian Gullickson, Public Comment Mr. Gullickson suggested that the Commission table the application. 2:07:04 Brady Wiseman, Public Comment Mr. Wiseman of 3247 Gardenbrook Lane urged the Commission to table the application. 2:10:26 Mayor Jacobson Mayor Jacobson closed public comment. 2:10:33 Mayor Jacobson 6    14 Minutes of the Bozeman City Commission Meeting, June 9, 2008 Mayor Jacobson suggested that Action Item number 5. Historic Preservation: Second Story Additions to One Story Properties be postponed. 2:11:10 Cr. Krauss Cr. Krauss agreed but he would like to see the item early on an agenda or at a policy meeting. 2:12:36 Ms. Berry Ms. Berry stated that it was never the intention to offend anyone. The setup of this facility is the same as all the other 7 halfway houses in Montana. 2:22:15 Cr. Becker Cr. Becker asked if the facility would consider publishing good neighbor guidelines. 2:22:39 Ms. Johnson Ms. Johnson stated that they are willing to publish good neighbor guidelines. . 2:24:03 Cr. Becker Cr. Becker asked if the applicant would consider putting a neighbor on the selection committee. 2:24:10 Ms. Johnson They would consider a neighborhood representative. 2:24:18 Ms. Berry Ms. Berry stated that this would need to be looked into to see if a neighborhood representative could serve on the committee. 2:30:58 Cr. Becker Cr. Becker asked if the applicant would consider putting in a motion detector in the back yard. 2:31:12 Ms. Johnson Ms. Johnson stated that they would consider putting in a motion light. 2:32:45 Motion to approve the Conditional Use Permit with the requirements as outlined by staff. It was moved by Cr. Becker, 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 One Week Delay Request Cr. Krauss asked for a One Week delay. 3:18:39 Break 7    15 Minutes of the Bozeman City Commission Meeting, June 9, 2008 3:37:02 2. Durston House Zone Map Amendment #Z-08072 (Bristor) 3:37:09 Ms. Bristor Ms. Bristor presented the Staff report. Staff recommends approval. 3:44:51 Eric Nelson, Applicant Mr. Nelson stated that he is here on behalf of Think One Design Group and presented the applicant presentation. 3:47:21 Public Comment Mayor Jacobson opened public comment. 3:47:31 John Tromsness, Public Comment Mr. Tromsness of 1002 West Durston stated that he is concerned about future density. 3:49:47 Public comment closed. Mayor Jacobson closed public comment. 3:49:48 Motion to approve the Durston 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 on the motion to approve the Durston House Zone Map Amendment #Z-08072 with the contingencies listed in the Staff Report. Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson. 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 commented. Mayor Jacobson closed public comment. 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. 8    16 Minutes of the Bozeman City Commission Meeting, June 9, 2008 9    It was moved by Cr. Becker, seconded by Cr.Rupp, 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. 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 voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 3:55:03 4. Martel Residence Zone Map Amendment #Z-08078 (Skelton) This item was opened and continued with agenda item K. 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 meeting. He has been approached on the issue. 3:59:03 2. Local Option Tax Mr. Kukulski updated the Commission on the discussions that have taken place with the Towns and Cities in Gallatin Valley. 4:09:01 M. Adjournment Mayor Jacobson adjourned the meeting at 10:14 p.m. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY:     ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________. 17