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HomeMy WebLinkAboutMarch 19, 2012 MinutesPage 1 of 12 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 19, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, March 19, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00:04 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6:04 p.m. 0:00:06 B. Pledge of Allegiance and a Moment of Silence 0:00:47 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated that there is a request to add a public service announcement pertaining to potential flooding and a public hearing date change for Consent Item No. 4. (changing the date from April 16th to May 21st). 0:01:48 Public Service Announcement-Potential Flooding Public Services Director Debbie Arkell gave a PSA regarding potential flooding situation in Town due to the recent snowfall. 0:03:58 D. Minutes – January 30, 2012 and February 6, 2012 0:04:02 Motion and Vote to approve the Minutes from January 30, 2012 and February 6, 2012 as submitted. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Minutes from January 30, 2012 and February 6, 2012 as submitted. 7 Minutes of the Bozeman City Commission, March 19, 2012 Page 2 of 12 Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:04:22 E. Consent Mayor Becker pulled Consent Item 6. Approve Buttrey's Solvent Site cost recovery payment of $1,422.26 (Cooper) off of the Consent agenda and added it as Action Item no. 1. 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign the West Bozeman Interchange Highway Amenities Agreement with the Montana Department of Transportation (Arkell) 3. Accept the February, 2012 Building Inspection Division Monthly Report (Risk) 4. Approve the Commission reclaiming jurisdiction of a Preliminary Site Plan Conditional Use Permit Certificate of Appropriateness with Deviation at 619 South Willson Avenue for Strong, Application No. Z-12031 (Kramer) 5. Approve Resolution No. 4371, amending Figure 3-1 of the Bozeman Community Plan to Change 10 acres from Residential to Community Commercial on a portion of land located at the southeast corner of the intersection of Huffine Lane and Cottonwood Road known as Crescent Cross (Saunders) 6. Approve Buttrey's Solvent Site cost recovery payment of $1,422.26 (Cooper) 0:04:56 Motion to approve Consent items 1-5 (removing 6 and adding it as the first Action Item) and including the public hearing date change in Consent Item 4 (changing from April 16th to May 21st). It was moved by Cr. Andrus , seconded by Deputy Mayor Krauss to approve Consent items 1-5 (removing 6 and adding it as the first Action Item) and including the public hearing date change in Consent Item 4 (changing from April 16th to May 21st). 0:05:18 Public Comment on the Consent Agenda Mayor Becker opened public comment on the Consent Agenda. 0:05:31 Ted Mathis, Public Comment Mr. Mathis of 175 Antelope Road spoke regarding the North 7th Street lights. He has some concerns regarding the proposed color of the light posts. 0:09:28 Vote on the Motion to approve Consent items 1-5 (removing 6 and adding it as the first Action Item) and including the public hearing date change in Consent Item 4 (changing from April 16th to May 21st). 8 Minutes of the Bozeman City Commission, March 19, 2012 Page 3 of 12 Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:09:43 F. Public Comment Mayor Becker opened general public comment. 0:10:01 Wolf, Public Comment Wolf 815 Rifle Road, spoke regarding the Montana Constitutional rights of citizens. He spoke about fluoride in the water and that they have formed a citizens’ initiative to enforce removing fluoride from the water of Bozeman. 0:12:50 Leslie Grotheir, Public Comment Ms. Grotheir of Michael Grove read an article that was published in the Billings Gazette written by a dentist opposed to fluoridation in water. 0:15:45 Steven Lemeau, Public Comment Mr. Lemeau stated that he is from Churchill and spoke regarding his concern for customers and business owners. 0:17:40 Tyler Walston, Public Comment Mr. Walston from Belgrade thanked the Commission for allowing this topic to come up tonight. Thank you for listening. 0:18:59 Joy Baker, Public Comment Ms. Baker of North 4th Avenue stated that she just found out a week ago that the City is fluoridating. She urged the Commission to look at the new science. 0:22:22 Chrissy Deboer, Public Comment Ms. Deboer of 311 Michael Grove stated that she just found out that Bozeman fluoridates the water. She feels that it is unethical. Citizens are asking for a choice. Fluoride is a poison. 0:24:42 Derik Grotheir, Pubic Comment Mr. Grotheir of Michael Grove stated that he is with Fluoride Free Bozeman. He has not received any correspondence back after he sent emails to the Commission. He also asked that warnings be put on water bills. 9 Minutes of the Bozeman City Commission, March 19, 2012 Page 4 of 12 0:25:42 Hans Dec, Public Comment Mr. Dec of 1128 East Babcock Street stated that he has a concern of what is being put in the water and he agrees with what has been said. He read an article regarding fluoride being considered a prescription drug. 0:28:08 Steve Moore, Public Comment Mr. Moore of 112 Cobble Creek Road spoke regarding the ill effects on fluoride and on your health. It is another toxin that is being added to our environment. 0:31:38 Trenton Hancock, Public Comment Mr. Hancock of 229 North Broadway stated that he is here regarding fluoride and he feels that he is being medicated without permission. He is over it. They (the group) are going to get signatures. He wants it out of the water. 0:32:42 Carrie Albrew, Public Comment Ms. Albrew of 1005 West Durston stated that she is sad that fluoride is in our water. Fluoride is not one that you can filter out of water. It makes her want to go live in the country again or dig a well. 0:34:53 Richard Shafske, Public Comment Mr. Shafske of 8525 Sypes Canyon Road stated that fluoride is labeled as a poison. He asked that the Commission demand that the fluoride be stopped until this is resolved. 0:37:04 Public Comment Closed Mayor Becker closed public comment. 0:37:14 Mayor Becker Mayor Becker explained that the Commission does not debate or address items that are not on the agenda. He explained that the City-County Board of Health is investigating this item and that the efforts of the group are being noticed. 0:37:48 Cr. Taylor Cr. Taylor is the Commission Liaison to the Board and explained that the issue of Fluoride is on the agenda for the Board of Health's meeting at 7 a.m. this upcoming Thursday. 0:38:35 G. Action Items 10 Minutes of the Bozeman City Commission, March 19, 2012 Page 5 of 12 0:38:39 1. Consent Item 6. Approve Buttrey's Solvent Site cost recovery payment of $1,422.26 (Cooper) 0:38:51 Mr. Kukulski Mr. Kukulski spoke regarding the Buttrey's Solvent Site cost recovery payment of $1,422.26. He spoke regarding responsibilities of the cleanup. He feels that it should be taken off of the Consent agenda and run through the regular accounts payable list. 0:41:44 Commission Discussion The Commission spoke regarding how the City became involved in the cleanup and responsibilities, what would occur with voting down the payment, the prior contract responsibilities, discovery, liability of the City, statutory responsibilities, Department of Environmental Quality (DEQ) oversight costs, an order by judicial decree, how the invoice is being reviewed, legal issues that are still in review, notification of justification of the costs, accountability of the DEQ, having a possible 3rd party review, a process of administering disputes, staff review, financial assurance and legal basis for Attorney fees. 1:13:46 Public Comment Mayor Becker opened public comment. 1:14:04 Wolf, Public Comment Wolf of the Rifle Road stated that it is the Commission's duty to protect the citizens' money. Please consider the big picture. Look at the actual court judgment. 1:16:55 Public Comment closed Mayor Becker closed public comment. 1:17:02 Motion and Vote to approve Buttrey's Solvent Site cost recovery payment of $1,422.26. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve Buttrey's Solvent Site cost recovery payment of $1,422.26. Those voting Aye being none. Those voting No being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor Becker. The motion failed 0-5. 11 Minutes of the Bozeman City Commission, March 19, 2012 Page 6 of 12 1:17:46 1. Accessory Dwelling Unit Certificate of Appropriateness with a Deviation request at 616 North Bozeman Avenue, Kirwan residence, Application No. Z-12011 (Quasi- Judicial) (Bristor) 1:18:09 Allyson Bristor, Planning Associate Ms. Bristor gave the staff presentation regarding the Accessory Dwelling Unit Certificate of Appropriateness with a Deviation request at 616 North Bozeman Avenue, Kirwan residence, Application No. Z-12011. Staff is recommending conditional approval. 1:20:38 Commission Questions The Staff and Commission discussed window tinting, the conditions and the design guidelines. 1:26:52 Susan Riggs, Applicant Representative Ms. Riggs of Intrinsik Architecture gave the Applicant presentation for the Accessory Dwelling Unit Certificate of Appropriateness with a Deviation request at 616 North Bozeman Avenue, Kirwan residence, Application No. Z-12011. She highlighted the costs of the inventory update and estimated around $500. 1:28:02 Questions for Applicant The Commission and Applicant discussed the structures on the property and the conditions. 1:28:55 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 1:29:12 Motion to approve Certificate of Appropriateness application Z-12011 as described in the staff report and subject to the conditions therein including 2,3,4,5,7 &8 (not 1 &6) based on a finding of compliance with all applicable criteria. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Certificate of Appropriateness application Z-12011 as described in the staff report and subject to the conditions therein including 2,3,4,5,7 &8 (not 1 &6) based on a finding of compliance with all applicable criteria. 1:29:56 Discussion on the Motion The Commission discussed the historic inventory, deviations, the estimated costs of the inventory and the design guidelines. 12 Minutes of the Bozeman City Commission, March 19, 2012 Page 7 of 12 1:36:54 Amendment to the Main Motion to require such digital photographs of the property (to have the applicant take the photos)as required by Staff as necessary for the Staff's updated Montana Architectural and Historic Inventory File. It was moved by Cr. Taylor, seconded by Cr. Mehl, to require such digital photographs of the property (to have the applicant take the photos) as required by Staff as necessary for the Staff's updated Montana Architectural and Historic Inventory File. 1:37:38 Discussion on the Amendment The Commission discussed the photos and the report. 1:37:55 Vote on the Amendment to require such digital photographs of the property (to have the applicant take the photos)as required by Staff as necessary for the Staff's updated Montana Architectural and Historic Inventory File. Those voting Aye being Crs. Taylor, Mehl, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:38:06 Vote on the Amended Main Motion to approve Certificate of Appropriateness application Z-12011 as described in the staff report and subject to the conditions therein including 2,3,4,5,7 &8 (not 1 &6) based on a finding of compliance with all applicable criteria along with the amendment to require such digital photographs of the property (to have the applicant take the photos)as required by Staff as necessary for the Staff's updated Montana Architectural and Historic Inventory File. Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 1:38:19 Break Mayor Becker declared a break. 1:38:39 Meeting Called back to order Mayor Becker called the meeting back to order. 13 Minutes of the Bozeman City Commission, March 19, 2012 Page 8 of 12 1:38:57 2. Final adoption of Ordinance No. 1823, revising Section 2.06.1680 of the Bozeman Municipal Code to prohibit refunds of paid Impact Fees in Exchange for Impact Fee Credits (Saunders) 1:39:21 Chris Saunders, Associate Planner Mr. Saunders gave the Staff presentation regarding the final adoption of Ordinance No. 1823, revising Section 2.06.1680 of the Bozeman Municipal Code to prohibit refunds of paid Impact Fees in Exchange for Impact Fee Credits. 1:39:59 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 1:40:16 Motion and Vote that having heard and considered public testimony, the recommendation of the impact fee advisory committee, and information from staff I move to finally adopt Ordinance 1823 as presented. It was moved by Cr. Mehl, seconded by Cr. Andrus that having heard and considered public testimony, the recommendation of the impact fee advisory committee, and information from staff I move to finally adopt Ordinance 1823 as presented. Those voting Aye being Cr. Andrus, Taylor and Mayor Becker. Those voting No being Cr. Mehl and Deputy Mayor Krauss. The Motion passed 3-2. 1:41:10 3. Resolution No. 4359, Creating West Babcock Street and Durston Road Improvement Annexation Areas, Creating a Term of Annexation for Properties Located Within these Improvement Annexation Areas, and Amending Policies Established by Resolution No. 3772 (Payback District for SID No. 683: West Babcock Street between Main Street and Yellowstone Avenue) and Resolution No. 3908, (Payback District for SID No. 684: Durston Road between North 19th Avenue and Fowler Avenue) (Arkell) 1:41:52 Debbie Arkell, Public Services Director Ms. Arkell gave the staff presentation regarding Resolution No. 4359, Creating West Babcock Street and Durston Road Improvement Annexation Areas, Creating a Term of Annexation for Properties Located Within these Improvement Annexation Areas, and Amending Policies Established by Resolution No. 3772 (Payback District for SID No. 683: West Babcock Street between Main Street and Yellowstone Avenue) and Resolution No. 3908, (Payback District for SID No. 684: Durston Road between North 19th Avenue and Fowler Avenue) 14 Minutes of the Bozeman City Commission, March 19, 2012 Page 9 of 12 1:45:34 Questions for Staff The Commission and Staff discussed where funds would be deposited. 1:47:39 Public Comment Mayor Becker opened public comment. 1:47:52 Don Wertz, Public Comment Mr. Wertz of 5540 Durston Road stated that he applauds what is happening and that it is a good idea. 1:49:20 Public Comment closed Mayor Becker closed public comment. 1:49:29 Motion to approve Resolution No. 4359 Creating the West Babcock Street and Durston Road Improvement Annexation Areas, Creating a Term of Annexation for Properties Located Within these Improvement Annexation Areas, and Amending the Policies Established by Commission Resolution No. 3772 (Payback District for SID No. 683: West Babcock Street between Main Street and Yellowstone Avenue) and Resolution No. 3908, (Payback District for SID No. 684: Durston Road between North 19th Avenue and Fowler Avenue). It was moved by Cr. Andrus , seconded by Cr. Taylor to approve Resolution No. 4359 Creating the West Babcock Street and Durston Road Improvement Annexation Areas, Creating a Term of Annexation for Properties Located Within these Improvement Annexation Areas, and Amending the Policies Established by Commission Resolution No. 3772 (Payback District for SID No. 683: West Babcock Street between Main Street and Yellowstone Avenue) and Resolution No. 3908, (Payback District for SID No. 684: Durston Road between North 19th Avenue and Fowler Avenue). 1:50:13 Discussion on the Motion The Commission discussed annexations, affordability, where to place the funds, differed maintenance, new impacts, formulas and methodology. 1:56:25 Amendment to the Main Motion to amend section 7 of Resolution No. 4359 to read the way it does and add: " shall be deposited in a Street Maintenance Fund assigned to the appropriate improvement West Babcock Street and Durston Road Improvement Annexation Areas. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to amend section 7 of Resolution No. 4359 to read the way it does and add: " shall be deposited in a Street 15 Minutes of the Bozeman City Commission, March 19, 2012 Page 10 of 12 Maintenance Fund assigned to the appropriate improvement West Babcock Street and Durston Road Improvement Annexation Areas. 1:59:38 Discussion on the Amendment The Commission and staff spoke regarding tracking maintenance activities. 2:00:58 Amendment restated Deputy Mayor Krauss restated the amendment. 2:01:43 Continued Commission discussion on the Amendment The Commission spoke regarding reducing costs, encouraging annexation and fairness. 2:04:21 Vote on the Amendment to the Main Motion to amend section 7 of Resolution No. 4359 to read the way it does and add: " shall be deposited in a Street Maintenance Fund assigned to the appropriate improvement West Babcock Street and Durston Road Improvement Annexation Areas. Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:04:35 Vote on the Main Motion as Amended to approve Resolution No. 4359 Creating the West Babcock Street and Durston Road Improvement Annexation Areas, Creating a Term of Annexation for Properties Located Within these Improvement Annexation Areas, and Amending the Policies Established by Commission Resolution No. 3772 (Payback District for SID No. 683: West Babcock Street between Main Street and Yellowstone Avenue) and Resolution No. 3908, (Payback District for SID No. 684: Durston Road between North 19th Avenue and Fowler Avenue) with the Amendment to amend section 7 of Resolution No. 4359 to read the way it does and add: " shall be deposited in a Street Maintenance Fund assigned to the appropriate improvement West Babcock Street and Durston Road Improvement Annexation Areas. Those voting Aye being Crs. Andrus, Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 16 Minutes of the Bozeman City Commission, March 19, 2012 Page 11 of 12 2:05:33 4. Appointment to the Community Affordable Housing Advisory Board (Kissel) 2:06:01 Motion and Vote to appoint Ann Kesting to the Community Affordable Housing Advisory Board as a real estate representative expiring June 30, 2012. It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to appoint Ann Kesting to the Community Affordable Housing Advisory Board as a real estate representative expiring June 30, 2012. Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:06:44 H. FYI/Discussion 2:06:51 1. Fluoridation Mayor Becker stated that there is some work going on with this. This item has risen to the level of the Commission to be addressed at some time; however the Commission will hear from the County Health Department and Board of Health about this issue and with their input, there will be a future discussion. 2:07:34 2. Policies and Procedures/ Use of Electronic Devices Mayor Becker stated that he is looking into amending the Commission Rules of Procedure to use electronic devices at the dais for looking at plans and meeting packet materials. 2:08:28 3. Board of Adjustment Ms. Ulmen reported that the Board of Adjustment discussion will be on an agenda soon. 2:09:29 4. Citizen initiative for Ballot issues Discussion regarding the process of referendums took place. 2:11:56 5. Impact of Coal Trains Mayor Becker stated that there will be a Special presentation in regards to Coal Trains. 2:13:21 6. Climate Working Group Update Cr. Andrus updated the Commission about the progress off the Climate working group. 17 Minutes of the Bozeman City Commission, March 19, 2012 Page 12 of 12 2:14:22 7. Possible Quorum notification 2:15:57 I. Adjournment Mayor Becker adjourned the meeting. ____________________________________ Sean A Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 18