HomeMy WebLinkAbout02-27-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 27, 2012
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, February 27, 2012. Present were Mayor Sean Becker, Commissioner Cyndy
Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel.
These minutes are not word for word and should be considered along with the audio recording.
0:00:10 A. Call to Order—6 p.m. -- Commission Room, City Hall, 121 North
Rouse
0:00:10 B. PIedge of Allegiance and a Moment of Silence
0:00:20 C. Changes to the Agenda
Mayor Becker asked if there were any changes to the agenda.
City Manager Chris Kukulski added the Swearing in of Deputy Mayor Krauss to the Montana
Board of Regents to the agenda as Special Presentation item G. 1,
0:01:25 D. Minutes -January 9, 2012 and January 17,2012
0:01:26 Motion and Vote to approve the minutes of Januan 9 2012 and January 17 2012
as submitted.
It was moved by Cr. Taylor, seconded by Cr. Krauss to approve the minutes of January 9
and January 17, 2012 as submitted.
Those voting Ave being Crs. Taylor, Krauss, Mehl, Andrus and Mavor Becker.
Those voting No being none.
The motion passed 5-0.
0:01:57 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Award bid for Sewer TV Van Retro-fit in the amount of$98,490 to Cues Inc.
(Arkell)
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3, Authorize City Manager to sign an Amendment to the Professional Services
Agreement with Tetra Tech for installation of four additional groundwater
monitoring wells in an amount not to exceed $27,782 (Johnson)
4. Finally Adopt Ordinance No. 1822, South University District Zone Map
Amendment in conjunction with Annexation No. Z-09242 (Krueger)
5. Approve Final Plat for the 19th and College 2-Lot Minor Subdivision Application
No. P-11007 to subdivide 1.1242 acres and authorize Director of Public Service to
execute the same (Quasi Judicial Decision) (Riley)
6. Approve Commission Reclaiming Jurisdiction of the Kirwan Residence Accessory
Dwelling Unit Certificate of Appropriateness with a Deviation, Application No. Z-
12011 (Bristor)
7. Approve Delegation of Save America's Treasures grant funding to the Pioneer
Museum and the Willson and Company building (Kramer)
8. Accept the Building Division Monthly Report for January 2012 (Risk)
Mayor Becker opened public comment on consent. Seeing none, Mayor Becker closed public
comment.
0:02:08 Motion and Vote to approve consent items E. 1-8 as submitted.
It was moved by Cr. Krauss, seconded by Cr. Mehl to approve consent items E. 1-8 as
submitted.
Those voting Ave being Crs. Krauss,Mehl, Andrus, Taylor and Mayor Becker.
Those voting No being none.
The motion-passed 5-0.
0:02:10 F. Public Comment
0:02:40 Derreck Growthere,Public Comment
Mr. Growthere from Michaels Grove, represents Fluoride Free Bozeman, a grass roots campaign.
They are coming before the commission to petition to remove fluoride from the water in
Bozeman. Mr. Growthere feels fluoridation is a violation of a citizen's right to informed consent
for medication. Fluoride is not an essential nutrient. The chemicals used are largely hazardous
bi-products of the fertilizer industry. Mr. Growthere said there is mounting evidence that
swallowing fluoride causes harm and has little to no benefits for teeth. He explained there are
subgroups that are most affected by fluoride and how fluoride is taken into the body. He spoke
regarding the expense of a reverse osmosis filtration system. Mr. Growthere explained further
why he feels fluoride should not be placed in the water supply. He thanked the Commission for
listening.
0:05:59 Lesley Growthere,Public Comment
Lesley Growthere from Michaels Grove also spoke on behalf of Fluoride Free Bozeman and
voiced her concern regarding fluoridation in Bozeman's public water. She gave an example of a
warning that has been placed on water bills and an example of a warning placed on fluoride by a
fluoride manufacturer. Ms. Growthere also spoke regarding fluoride damaging teeth while they
are forming and listed some of the toxic ingredients that can come with fluoride and where
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fluoride comes from. She also spoke regarding the lack of dosage control and the cost of placing
fluoride in the water. She thanked the Commission.
0:09:13 Trenton Hancock Public Comment
Trenton Hancock on Broadway said he feels putting fluoride in our water is a violation of our
constitutional rights because it is forcing a medication on people. He has a seven year old
daughter that he does not want drinking the water. He also spoke regarding the need for a full
body hazmat suite when placing the fluoride in the water. There is a campaign in Bozeman to
educate the public about these dangers. Mr. Hancock thanked the Commission for listening to his
concerns.
0:11:01 Tyler Waltston,Public Comment
Tyler Waltston of Belgrade said he was born in Bozeman and found it a surprise that fluoride is
being placed in the water. He says there is not much evidence that fluoride is healthy for teeth,
but there is evidence it is a destructive element that needs to be removed from the water. He
thanked those who were bringing forward these ideas and thanked the Council for listening.
0:12:24 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
0:13:52 G. Special Presentations
0:13:54 1. Swearing in of Jeffrey Krauss to the Montana Board of Regents
City Clerk Stacy Ulmen swore in Deputy Mayor Krauss to the Montana Board of Regents.
0:14:32 2. Gallatin College Programs Update (Montana State University President,
Waded Cruzado and Gallatin College Programs Dean Bob Hietala)
0:14:39 Waded Cruzado, President of Montana State University
Ms. Cruzado expressed her appreciation to the Commission for the passage last year of
Resolution 4308 which appropriated the equivalent of up to 1.5 mills from general fund cash
reserves for Gallatin College Programs and for continuing with up to 1.5 mills in the future. She
explained the passage of this Resolution has had a transformative affect. A year after this was
approved, she felt it her duty to come back before the Council and signal a degree of
accountability, explaining some of the things that thanks to city support, Gallatin College
Programs have accomplished_ They have been able to offer new programs and have had
substantial program growth. They will continue to expand their scope of services to meet local
needs. They were also able to request that the Board of Regents include Gallatin College
programs in the College Now grant from the Lumina Foundation which places Bozeman in the
same level as the other COT'S in the state. Ms. Cruzado thanked The Commission for the support
offered from each Commissioner, city manager Chris Kukulski, the Board of Regents and the
support of all involved.
0:18:16 Steve Barrett, former chair ofthe Board of Regents
Mr. Barrett provided background on creating this program saying when they were formulating
creating the two year school there was real question regarding investment in Bozeman and how
much resources could be used. The action of the City Commission voluntarily coming forth to
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match what other communities have historically spent, had a very significant impact on the
thought process regarding devoting resources to Gallatin College Programs. It has grown
robustly. Continuing those actions will continue to have a great impact as we move forward.
Thank You.
0:20:56 Dean Bob Hietala
Dean Hietala provided an update regarding Gallatin College Programs. They have had 891
students for fall semester 2011. Full time student enrollment has grown and is expected to
continue growing. They will also be bringing on a number of additional courses including dual
enrollment, transfer degree courses and workforce programs. All will be dependent on resource
allocations. They are fortunate to be using space at Bozeman High School which has helped
them get started on their growth model. He spoke regarding their current workforce programs
which include interior design, design drafting, aviation, welding, and most recently bookkeeping,
and medical assistant. Dual enrollment courses with local High Schools have also been
expanded. These courses allow students in High School to receive college credits. Proposed
programs for 2012 include residential building performance (weatherization certification),
associate of science, associate of arts and certificate of general studies transfer degrees. Mr.
Hietala then spoke about a recent workforce needs assessment that was an update of one done in
2006. This survey was very helpful. There were twenty-six specific areas in 1 and 2 year
programs that were identified by local businesses as a need.
0:31:11 Hannah Lechtenberg,Medical Assistant Program Student
Ms. Lechtenberg said she is one of the 17 students enrolled in the medical assistant program
student. She spoke regarding her educational background while growing up. MSU's academic
advisors referred her to Gallatin College. She was excited that for under $4000 she could get her
entire education. She spoke regarding what BMA's do on the job. This program offers the ability
to work while going to school. Every student is succeeding and range from many ages and
different backgrounds. Class size is small enough to have a relationship with each other and with
teachers. Every day class contains lectures and hands on training. This program is intense, but
the reward for completion is immense. This program offers a second chance at a career or a first
chance at the base of health care. Thank you for being a part in making this program available.
She plans to go on and work her way up in the medical field.
0:36:26 The Commission asked questions of presenters.
0:39:50 H. Action Items
0:40:00 1. Spring Creek Village Resort Lot 4 Zone Map Amendment, Application No.
Z-11002 (Saunders)
0:40:01 Chris Saunders, Planning Department
Mr. Saunders provided the staff presentation on this item.
0:44:16 The Commission began questions for staff.
0:49:48 Mr.Delaney,Applicant
Mr. Delaney began by thanking city staff Courtney Kramer for coming to him with a grant idea
and submitting for that grant on behalf of Mr. Delaney. This item was passed on consent tonight:
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Approve Delegation of Save America's Treasures grant funding to the Pioneer Museum
and the Willson and Company building (Kramer)
Mr. Delaney then spoke regarding his zone map amendment request. Mr. Delaney thanked Chris
Saunders for doing an excellent job reviewing this application. He spoke regarding the history of
other large projects. He handed out a Bozeman historic traffic volumes graph. Mr. Delaney said
in this fast paced world one must be creative and flexible and have zoning which is adaptable.
Entry way corridor rules were adopted to ensure to the public that whatever is developed in the
corridor that will be of the highest standard and quality. The facts surrounding Huffne Lane and
future growth relate to traffic study. The traffic study shows the four major corridors that come
into the city of Bozeman. This property, the growth went from 6,800 vehicles per day in 1975 to
almost 20,000 today. They estimate based on that growth, every ten years there will be a 110
increase in growth. Mr. Delaney sees all of Huffine Lane as commercial in the future with no
residential areas. The question for the Commissioners is, "Do you delay the development of this
area or encourage the development?" Mr. Delaney asked that the Commission rezone the entire
20 acres, but if not would like 112 rezoned. Must be adaptable but doing a PUD on this property,
cannot incorporate all the things we would like to do. The PUD process is very long and
expensive and there is no guarantee that it will be approved.
0:58:52 The Commission asked questions of the applicant.
0:59:08 Mr. Delaney
Mr. Delaney answered a question from Cr. Andrus regarding what could not happen with a BP
zoning. Gas station or car dealership was not included in the PUD. Asking the Commission for
the same zoning you provided across the street.
1:03:54 Public Comment
Mayor Becker opened public comment on this item. Seeing none, he closed public comment.
1:34:05 Motion that having heard and considered Public-comment, materials and staff
findings,I hereby adopt findings presented in the staff report and move to retain Business
Park District zoning on Lot 4, Minor Subdivision 295, Spring Creek Village Resort.
It was moved by Cr. Mehl, seconded by Cr. Andrus that having heard and considered
public comment, materials and staff findings, I hereby adopt findings presented in the staff
report and move to retain Business Park District zoning on Lot 4,Minor Subdivision 295,
Spring Creek Village Resort.
1:34:25 Discussion on the motion.
1:51:39 Mayor Becker delayed this item until March 26th to allow staff and the applicant
time to work out another alternative.
1:52:02 Break
Mayor Becker called for a break.
2:04.39 Back from Break
Mayor Becker called the meeting back to order from break.
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2:06:55 2. Change of Use and Certificate of Appropriateness with Deviation,
Application No. Z11288 to allow a 1,832 square foot restaurant at 600 North Wallace
Avenue (Quasi Judicial Decision) (Thorpe)
2:07:02 Keri Thorpe, Planning Department
Ms. Thorpe provided the staff presentation on this item.
2:11:52 Commission began questions for staff.
2:15:59 Putter Brown,Applicant
Mr. Putter, a partner in the building at 600 North Wallace provided a presentation. He explained
on behalf of the restaurant owner Tamaso Damasco and his wife Mia that they need the slight
deviation in space to extend his kitchen area.
2:19:35 Public Comment
Mayor Becker opened public comment.
2:19:44 Edward Wood, Public Comment
Mr. Woods of 506 E Cottonwood spoke in opposition of the deviation. He likes how the
neighborhood quiets down and feels a restaurant would make the neighborhood noisier in the
evening. He also mentioned that the building has had two prior deviations.
2:23:11 Cory Reistad,Puhlic Comment
Mr. Reistad of 3919 Rain Roper Drive owns Studio AV. Mr. Reistad strongly supports the
application. He said he has a vested interest in the neighborhood as he purchased the lot to the
east. Mr. Reistad said that with vitalization like this he would like to build and live in a mixed
use building in this area.
2:24:09 Sam Thompson,Public Comment
Mr. Thompson of 700 North Wallace is in strong support of the application and feels this project
would be a nice addition to the neighborhood. He has also offered additional parking to Putter
Brown at his mill a block away.
2:25:09 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
2:25:16 Putter Brown,Applicant
Mr. Brown said that after the NENA (neighborhood) meeting, Mr. Brown spoke with the
property owner across the street on Wallace and has permission to lease eight spaces.
2:26:37 Motion to approve application Z-11288 as described in the staff report and subiect
to the conditions therein, based on a finding of compliance with all applicable criteria.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve application Z-11288 as
described in the staff report and subiect to the conditions therein, based on a finding of
compliance with all applicable criteria.
2:27.11 Discussion on the motion.
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2:38:27 Vote on the motion to approve application Z-11288 as described in the staff report
and subiect to the conditions therein, based on a finding of compliance with all applicable
criteria/
Those voting Ave bcin2 Crs. Andrus, Taylor, Mehl, Krauss and Mavor Becker.
Those votine No beine none.
The motion passed 5-0.
2:39:013. Appointment of Mayor and Commissioners to Voting Board Positions and
Assignment of Mayor and Commissioners to act as Liaisons to Citizen Advisory Boards
(Kissel)
2:39:39 Mayor Becker
Mayor Becker explained this item and as the Mayor set the order of choice for the Commission
saying the order will be Mayor, Deputy Mayor, Commissioner Mehl, Commissioner Taylor and
Commissioner Andrus. Then the next set of picks would go backwards from Commissioner
Andrus.
2:40:53 Commission discussion on this item.
2:44.01 Mayor Becker chose the Transportation Coordinating Committee.
2:45:47 Deputy Mayor Krauss chose the Economic Development Council.
2:46:02 Cr. Mehl chose the Planning Board.
2:47:36 Cr. Taylor chose the Downtown Tax Increment Finance District (TIF) Board,
2:47:48 Cr. Andrus chose the Historic Preservation Advisory Board.
2:48:03 Cr. Andrus chose the Streamline Advisory Board,
2:49:00 Cr. Taylor chose the Downtown Business Improvement District(BID) Board.
2:49:28 Cr. Mehl chose the Zoning Commission.
2:50:01 Deputy Mayor Krauss chose the North Seventh Urban Renewal Board.
2:51:11 Mayor Becker chose the Design Review Board and the Parking Commission.
2:52:55 Deputy Mayor Krauss chose the Library Board of Trustees.
2:53:19 Cr. Mehl chose Prospera.
2:53:44 Cr. Taylor chose the Recreation and Parks Advisory Board.
2:54:06 Cr. Andrus chose the Cemetery Board and the Gallatin Local Water Quality District
Board.
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2:55:41 Cr. Taylor chose the City-County Board of Health.
2;55:59 Cr. Mehl chose the Community Affordable Housing Advisory Board.
2:56:14 Deputy Mayor Krauss chose the Inter-Neighborhood Council
2:56:48 Commissioner Taylor chose the Bicycle Advisory Board.
2:56:48 Mayor Becker chose the Criminal Justice Coordinating Council.
2:57:45 Mayor Becker chose the Tree Advisory Board.
2:58:46 Deputy Mayor Krauss chose the Tourism Business Improvement District Board.
2:59:30 Cr. Taylor chose the Bicycle Advisory Board.
3:00:35 Cr. Andrus chose the Fire Code Board of Appeals.
3:01:19 Cr. Andrus chose the Senior Citizens Advisory Board.
3:01:34 Cr. Taylor chose the Community Alcohol Coalition.
3:02:03 Cr. Mehl chose the Pedestrian and Traffic Safety Committee.
3:02:30 Deputy Mayor Krauss chose the Audit Committee.
3:02:51 Mayor Becker chose the Beautification Advisory Board.
3:03:01 Mayor Becker chose the Audit Committee.
3:04:11 Deputy Mayor Krauss chose the Board of Appeals.
3:04:47 Cr.Mehl chose the Board of Adjustment.
3:04:57 Cr. Taylor traded boards with Cr. Mehl. Cr. Taylor will be on the Planning Board and
Zoning Commission and Cr. Mehl taking the Northeast Urban Renewal Board.
3:07:26 Commissioner Andrus traded boards with Mayor Becker. Cr. Andrus will be liaison to
the Tree Advisory Board and Mayor Becker will be on the Streamline Advisory Board.
3:10:15 Aimee Kissel, Deputy City Clerk
Ms. Kissel read off the list of Commission liaisons and voting positions as follows:
Audit Committee - Krauss and Becker. Beautification Advisory Board -Becker. Bicycle
Advisory Board - Taylor. Board of Adjustment- Mehl. Building Board of Appeals - Krauss.
Cemetery Advisory Board -Andrus. City-County Board of Health - Taylor. Community
Affordable Housing Advisory Board - Mehl. Community Alcohol Coalition- Taylor. Design
Review Board - Becker. Downtown Business District(BID) and Tax Increment Finance District
(TIF) - Taylor. Economic Development Council - Krauss. Fire Code Board of Appeals -Andrus.
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Criminal Justice Coordinating Council - Becker. Historic Preservation Board-Andrus. Impact
Fee Committee - Mehl. Library Board of Trustees and North Seventh Urban Renewal Board -
Krauss. Northeast Urban Renewal Board - Mehl. Parking Commission- Becker. Pedestrian and
Traffic Safety Committee - Mehl. Planning Board- Taylor. Prospera- Mehl. (and reappointing
city staff Brit Fontenot to Prospera) Parks and Recreation - Taylor. Senior Citizens -Andrus.
Streamline - Becker. Tourism BID - Krauss. TCC - Becker. Tree Advisory - Andrus. Wetland -
Mehl. Zoning - Taylor. Local Water Quality District Board -Andrus. Intcmeighborhood Council
- Krauss.
3:13:05 Motion to approve the voting appointments as read.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the voting appointments as
read.
Those voting Ale being Crs. Mehl, Andrus, Taylor and Mayor Becker.
Those voting No being Deputy Mayor Krauss.
The motion passed 4-1 with Deputy Mayor Krauss opposed.
3:13:52 4. (Re)Appointments to the Recreation and Parks Advisory Board (Kissel)
3:13:59 Motion and Vote to reappoint Julie Zichovich and appoint Steve Roderick to the
Recreation and Parks Advisory Board.
It was moved by Cr. Taylor, seconded by Cr. Krauss to reappoint Julie Zichovich and
appoint Steve Roderick to the Recreation and Parks Advisory Board.
Those voting Aye being Crs. Taylor, Krauss, Mehl, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
3:14:215. Continued Development and Adoption of the draft Commission Goals and
Work Plan for Fiscal Year 2012-2013 (Kukulski)
3:14:36 Chris Kukulski, City Manager
Mr. Kukulski presented the staff presentation on this item.
3:24:30 Motion to take#10 buy local to tier 1 and move to tier 2.
It was moved by Cr. Mehl, seconded by Cr. Krauss take 910 buy local to tier 1 and move to
tier 2. _
3:24:33 Mayor Becker asked whether the motion included approving the lucky thirteen list.
3:25:31 Discussion on the motion.
3:45:31 Motion to amend the motion to say that we will make everything second tier.
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It was moved by Cr. Krauss to amend the motion to say that we will make everything
second tier. The amendment to the main motion died for lack of a second.
3:46:06 Vote on the motion to take 910 buy local to tier 1 and move to tier 2.
Those voting Aye being Crs. Mehl Krauss Andrus Taylor and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
3:46:23 Motion to approve the work plan as amended.
It was moved by Cr. Mehl, seconded by Cr. Krauss to approve the work plan as amended.
3:46:41 Motion to amend the motion to move the adoption of the International Building
Code to the first tier.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the motion to move the
adoption of the International Building Code to the first tier.
3:46:51 Discussion on the amendment to the motion.
3:47:36 Vote on the amendment to the main motion to amend the motion to move the
adoption of the International Building Code to the first tier.
Those voting Ave being Crs. Taylor and Andrus.
Those voting No being Crs. Krauss,Mehl and Mayor Becker.
The motion failed 2-3 with Crs. Krauss, Mehl and Mayor Becker.
3:48:09 Discussion on the main motion including verifying that the Senior Center parking should
be included in the work plan.
3:49:55 Vote on the motion to adopt Commission Goals and Work Plan for Fiscal Year
2012-2013 as amended including moving 910 (buy local) to tier 2 and adding the senior
center parking issue to the list.
Those voting Ave being Crs. Mehl, Krauss,Andrus, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
3:49:55 I. FYI
3:50.39 1. Bozeman Creek and Bogert Park Project Update
Ron Dingman, Parks and Recreation Director provided an update on this saying they advertised a
request for proposals and are accepting proposals for the final design work of the plan which is
alternative six. Six is a result of the pro bono work provided by Confluence. After vetting six
alternatives with the public, they decided to go with alternative six. The idea is to hire a firm to
design 30% of the design to provide enough information to estimate the overall cost of the
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project and where the project will physically affect adjacent property owners. They estimate this
will cost about $20,000. The Bozeman Creek Enhancement Committee is planning on applying
for a $10,000 park improvements grant money and matching another$10,000. The Enhancement
Committee and the City will submit grants for the remaining design money. Mr. Dingman further
explained funding source details.
3:53:32 Discussion on this item.
3:54:09 2. Meetings regarding shift in Commission liaison on advisory boards.
Cr. Taylor said he feels meetings should take place to allow for a smooth transition between
previous Commission advisory board liaisons and new liaisons with the staff liaison also present.
3:55:113. Letter from Council for downtown property and business owners regarding
Carnegie Parking Lot
City Attorney Greg Sullivan said he has been in touch with council and has a meeting set up to
discuss this with outside council.
3:57:04 1 Adjournment
Mayor Becker adjourned the meeting at 9:59 p.m.
Sean A Becker, Mayor
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Aimee Ki sel, Deputy City Clerk
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