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HomeMy WebLinkAboutApril 2, 2012 Minutes Page 1 of 8 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 2, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, April 2, 2012. Present were Mayor Sean Becker, 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. 0:00:02 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order. 0:00:16 B. Pledge of Allegiance and a Moment of Silence 0:00:48 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. 0:00:56 D. Public Service Announcement – Gallatin Earth Celebration and Bozeman Clean Up Day on Saturday, April 21st (Meyer) Natalie Meyer, Climate Protection Coordinator gave a Public Service Announcement regarding the upcoming Gallatin Earth Celebration and Bozeman Clean Up Day on Saturday, April 21st. She also introduced Emily Baker who is an Energy Core Member and will be working with the City over the next year on events. 0:03:27 E. Authorize Absence of Deputy Mayor Krauss 0:03:37 Motion and Vote to authorize the absence of Deputy Mayor Krauss. It was moved by Cr. Andrus, seconded by Cr. Taylor to authorize the absence of Deputy Mayor Krauss. 5 Minutes of the Bozeman City Commission, April 2, 2012 Page 2 of 8 Those voting Aye being Crs. Andus, Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:03:53 F. Minutes – February 27, 2012 and March 5, 2012 0:03:55 Motion and Vote to approve the Minutes from February 27, 2012 and March 5, 2012. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Minutes from February 27, 2012 and March 5, 2012. Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 4-0. Mayor Becker corrected the February 27th minutes stating that the Deputy Mayor title for his name should be corrected. This was acknowledged by the City Clerk and will be corrected. 0:04:40 G. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Mayor to sign Findings of Fact and Order for the Preliminary Plat of the Huempfner Minor Subdivision, Application No. P11006 (Skelton) 3. Approve ratification of Mayor Becker's signature on the 2012-13 Certified Local Government Grant Contract with the Montana State Historic Preservation Office (Kramer) 4. Approve Resolution No. 4372, authorizing City Manager to sign an agreement annexing a 0.7513 acre tract at the southwest intersection of North 25th Avenue and West Villard Street for the Shining Mountains Evangelical Lutheran Church, Application No. A-05005 (Skelton) 5. Provisionally Adopt Ordinance No. 1825, implementing prior Commission action on Zone Map Amendment Z-05069 to establish a municipal zoning designation with annexation of the subject property of R-2 (Residential, Two-Household Medium Density District) on 0.7513 acres known as the Shining Mountains Evangelical Lutheran Church Zone Map Amendment, Application No. Z-05069 (Skelton) 6. Provisionally Adopt Ordinance No. 1826, authorizing City Manager to enter into a 2-year ground lease with Bill Tatarka for the lease of the Mandeville Farm property for the purpose of farming (Arkell) 7. Provisionally Adopt Ordinance No. 1824, Authorizing City Manager to sign an Agreement to Buy and Sell with Northwestern Corporation, d/b/a Northwestern Energy, for the sale and conveyance of a 0.05 acre portion of the City of Bozeman Lower Yards property at 1812 North Rouse Avenue (Heaston) 6 Minutes of the Bozeman City Commission, April 2, 2012 Page 3 of 8 0:04:42 Public Comment on the Consent Agenda Mayor Becker opened public comment on the Consent Agenda. No person commented. Mayor Becker closed public comment. 0:05:17 Motion and Vote to approve Consent items G. 1-7 as submitted. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Consent items G. 1-7 as submitted. Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:05:40 H. Public Comment Mayor Becker opened general public comment. 0:06:16 Joy Baker, Public Comment Ms. Baker of 4th Avenue spoke regarding the fluoride issue and accumulative effects of toxic exposure. She spoke of the need to have absolute proof. Look at work in progress websites. She stated that other cities do not have it. 0:09:54 Carlin Meyers, Public Comment Ms. Meyers stated that she currently lives in Belgrade. She spoke regarding fluoride and stated that she teaches environmental health. She spoke regarding precautionary steps. 0:11:17 Joan Stanley, Public Comment Ms. Stanley of Three Forks spoke regarding fluoride and she feels the City of Bozeman is a polluter. She feels that Bozeman is violating the clean water act. 0:11:19 Arthor Avangelisca, Public Comment Mr. Avangelisca stated that he is a former FDA Investigator and spoke regarding fluoride. Fluoride finds its way into water based food that we consume. There is not evidence that fluoride is essential for human nutrition according to him. 0:13:48 Steve Moore, Public Comment Mr. Moore of 112 Cobble Creek Road stated that fluoride is a waste by product of the aluminum industry. He spoke regarding logic. We are being poisoned at the expense of corporate profits. 7 Minutes of the Bozeman City Commission, April 2, 2012 Page 4 of 8 0:16:40 Richard Shafske, Public Comment Mr. Shafske of Sypes Canyon Road spoke regarding attempts to educate and inform. The City should not be introducing this into the water system. We need to protect future generations. Please do not continue to medicate with a poison. 0:20:07 Jacobus Halloway, Public Comment Mr. Halloway of 455 Cornell Drive spoke regarding fluoride and the need to make a decisive call. Consider this when looking at fluoride. Reconsider and take it out of the water and give people to find other means to get fluoride. He spoke regarding side effects. Know that you are 100% sure. 0:23:14 Trenton Hancock, Public Comment Mr. Hancock of 229 North Broadway spoke regarding the recent poll done in the Bozeman Chronicle. 56% out of 500 people voted against having fluoride in the water within a 24 hour time frame. He read an EPA summary regarding fluoridation. 0:25:20 Matt Muth, Public Comment Mr. Muth of 1410 Harper Puckett Road stated that he owns 406 Brewing company. He is interested in fluoride because of his work 0:26:21 Derick Gartheir, Public Comment Mr. Gartheir of 45 Michael Grove spoke regarding material data safety sheets and that he would like to find out what is on the label for fluoride. 0:27:40 Hans Dec, Public Comment Mr. Dec of 1128 East Babcock Street stated that this is his third week in front of the Commission to express his concerns of fluoride in the water. He is asking the Commission to immediately cease putting the fluoride in the water. We need a definitive answer that fluoride is safe. He then read the Montana Constitution. He feels that if the City does not remove the water it is irresponsible. 0:31:21 Neal ?, Public Comment Neal (did not share last name) of West Villard stated that he received a comment from the International Academy of Oral Medicine and Toxicology and summarized their statements. He feels that he should have a choice. 0:33:51 Wolf, Public Comment Wolf (no address stated) spoke regarding an EPA report that speaks regarding levels of fluoride. It is the Commission's Oath to protect us. The Citizens have formed a coalition to form a civil suit against the City. Please take this serious. The Commission will be held accountable. 8 Minutes of the Bozeman City Commission, April 2, 2012 Page 5 of 8 0:37:12 Donald Steinman, Public Comment Mr. Steinman of 612 South 12th stated that he agrees with the fluoride comments but is commenting on a different subject. He wants the Commission to consider a resolution to enact a Glass Steagall banking system. 0:40:05 Carrie Elbrow, Public Comment Ms. Elbrow of 1005 West Durston stated that she is a local business owner and they take pride in using natural products. Water filtration systems do not take out fluoride. 0:41:52 Public Comment closed Mayor Becker closed public comment. 0:41:55 I. Action Items 0:42:05 1. Public Hearing and Decision on Written Protests for Creation of South 8th Avenue Special Improvement District No. 713 (Arkell/Sullivan) 0:42:25 Debbie Arkell, Public Services Director Ms. Arkell gave the staff report regarding written protests for Creation of South 8th Avenue Special Improvement District No. 713. 0:43:56 Commission Questions for Staff The Commission and staff discussed the amount of protests received. 0:44:11 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:44:27 Motion that having conducted a public hearing after the expiration of the time for written protests against the creation of the South 8th Avenue Special Improvement District No. 713 to be filed with the City Clerk and having reviewed all written protests to the creation of Special Improvement District No. 713 and finding the written protests do not amount to the number of protests required by 7-12-4113(1), MCA, to bar the Commission from creating SID No. 713, I hereby move the Commission pass on all protests, determine creation of SID No. 713 to be in the public interest, and instruct the City Manager to bring a Resolution before the Commission creating SID No. 713 on April 16, 2012. It was moved by Cr. Mehl , seconded by Cr. Andrus that having conducted a public hearing after the expiration of the time for written protests against the creation of the 9 Minutes of the Bozeman City Commission, April 2, 2012 Page 6 of 8 South 8th Avenue Special Improvement District No. 713 to be filed with the City Clerk and having reviewed all written protests to the creation of Special Improvement District No. 713 and finding the written protests do not amount to the number of protests required by 7-12-4113(1), MCA, to bar the Commission from creating SID No. 713, I hereby move the Commission pass on all protests, determine creation of SID No. 713 to be in the public interest, and instruct the City Manager to bring a Resolution before the Commission creating SID No. 713 on April 16, 2012. 0:45:22 Commission discussion on the Motion 0:49:17 Vote on the Motion that having conducted a public hearing after the expiration of the time for written protests against the creation of the South 8th Avenue Special Improvement District No. 713 to be filed with the City Clerk and having reviewed all written protests to the creation of Special Improvement District No. 713 and finding the written protests do not amount to the number of protests required by 7-12-4113(1), MCA, to bar the Commission from creating SID No. 713, I hereby move the Commission pass on all protests, determine creation of SID No. 713 to be in the public interest, and instruct the City Manager to bring a Resolution before the Commission creating SID No. 713 on April 16, 2012. Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:49:31 2. Consideration of Reinstating the Statistically Valid Survey within the Recreation/Aquatics Facility Feasibility Study (Winn) 0:49:44 Chuck Winn, Assistant City Manager Mr. Winn gave the staff presentation regarding the Consideration of Reinstating the Statistically Valid Survey within the Recreation/Aquatics Facility Feasibility Study. 0:55:49 Commission Questions for Staff The Commission and Staff spoke regarding the development of the survey questions, the questions themselves, the effort to reach people who do not physically come to the meetings, communicating monitory values, prioritization of needs, bonds, public partnerships and user groups. 1:27:36 Public Comment Mayor Becker opened public comment. No person commented. 10 Minutes of the Bozeman City Commission, April 2, 2012 Page 7 of 8 Mayor Becker closed public comment. 1:28:12 Motion to approve the re-inclusion of the Statistically Valid Survey within the previously approved Recreation/Aquatics Facility Feasibility Study for a cost not to exceed $10,000. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the re-inclusion of the Statistically Valid Survey within the previously approved Recreation/Aquatics Facility Feasibility Study for a cost not to exceed $10,000. 1:28:37 Discussion on the Motion The Commission discussed asking the community what they want, concerns of the costs, precedents, concern of the capacity to handle this, the need for research and an effort to collect all of the information available in order to get the best product at the end of the day and perspectives. 1:53:51 Vote on the Motion to approve the re-inclusion of the Statistically Valid Survey within the previously approved Recreation/Aquatics Facility Feasibility Study for a cost not to exceed $10,000. Those voting Aye being Crs, Andrus, Taylor and Mayor Becker. Those voting No being Cr. Mehl. The motion passed 3-1. 1:54:13 3. Appointment to the Bozeman Historic Preservation Advisory Board (Kissel) 1:55:04 Motion and Vote to appoint Jessie Nunn to the Bozeman Historic Preservation Advisory Board. It was moved by Cr. Andrus, seconded by Cr. Taylor to appoint Jessie Nunn to the Bozeman Historic Preservation Advisory Board. Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 11 Minutes of the Bozeman City Commission, April 2, 2012 Page 8 of 8 1:55:43 J. FYI/Discussion 1:55:46 1. Redistricting Meeting at the County Courthouse April 13th at 7. Cr. Mehl announced that there will be a redistricting meeting at the County Courthouse April 13th at 7 p.m. 1:58:25 2. Executive Session start time 5:15 on April 16th 2:00:37 K. Adjournment Mayor Becker adjourned the meeting at 7:47 p.m. ____________________________________ Sean A Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 12