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HomeMy WebLinkAbout 6-2-2008 Minutes1 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, 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 Board 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 - April 21, 2008 0:20:25 Motion and Vote we need a motion for the Minutes of April 21. It was moved by Cr. Becker, seconded by Cr. Rupp, we need a motion for the Minutes of April 21. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:20:39 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign a Public Access Easement for Roger's Dermatology Project (Heaston) Bozeman City Commission Meeting, 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 Public 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 by Cr. Rupp, seconded by Cr. Bryson, approve of Consent items E. 1-3. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. 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 Comment 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 2 Bozeman City Commission 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. This 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 more ideas for 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 #Z- 08028. It was moved by Cr. Bryson, seconded by Cr. Becker, to approve Spring Creek Village Zone Map Amendment #Z-08028. Those voting Aye 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 3 Bozeman City Commission Meeting, June 2, 2008 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 comment 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. 0:45:05 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 Conditional Use Permit and Planned Unit Development Modification Z-08086. It was moved by Cr. Krauss, seconded by Cr. Becker, approval 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 4 Bozeman City Commission Meeting, June 2, 2008 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 Development Modification Z-08086 (with conditions as recommended by staff). Those voting Aye being Crs. Krauss, Becker, Bryson, and Mayor Jacobson. 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) 0:56:33 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 Commission 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 Conditional Use Permit and Certificate of Appropriateness Application to the scheduled public hearing on Monday, June 9, 2008. It was moved by Cr. Becker, seconded by Cr. Rupp, to open and continue the Halfway House Conditional Use Permit and Certificate of Appropriateness Application to the scheduled public hearing on Monday, June 9, 2008. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 5 Bozeman City Commission Meeting, June 2, 2008 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. 1:16:35 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 Cope, 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. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 6 Bozeman City Commission Meeting, June 2, 2008 1:21:48 6. Appointments to the Beautification Advisory Board (Delaney) 1:22:55 Motion and Vote to approve Jeremy Grotbo to the Beautification Advisory Board. It was moved by Cr. Bryson, seconded by Cr. Krauss, to approve Jeremy Grotbo to the Beautification Advisory Board. Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 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 Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 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 - Public 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 for 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. 7 Bozeman City Commission Meeting, June 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 by Cr. Becker, seconded by Cr. Rupp, to approve Final Adoption of the 2008- 2009 Work Plan, (Resolution) 4106. Those voting Aye being Crs. Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being Cr. Krauss. The motion carried 4-1. 1:50:08 H. FYI/Discussion 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 points 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 do with this board, whether it collapses into other existing transportation boards. 8 Bozeman City Commission Meeting, June 2, 2008 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 for 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 Gallatin 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 on 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. 9 Bozeman City Commission Meeting, June 2, 2008 10 2:01:28 5. Reminder of the Policy Meeting on Thursday, June 5, 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, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________.