HomeMy WebLinkAbout03-19-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 19, 2012
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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. PIedge 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 2151)
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.
Page 1 of 12
Minutes of the Bozeman City Commission,March 19,2012
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$1,422.2.6 (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 10 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 (chaffing fromAgril 16th to May 21').
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 21S).
Page 2 of 12
Minutes of the Bozeman City Commission,March 19,2012
Those votine Ave being Cr. Andrus, Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor
Becker.
Those votiniz 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 0' 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.
Page 3 of 12
Minutes of the Bozeman City Commission,March 19,2012
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 be 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 CarrieAlbrew, 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 mares 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
Page 4 of 12
Minutes of the Bozeman City Commission,March 19,2011
0:38:39 1. Consent Item 6. Approve Buttrey's Solvent Site cost recovery payment of
51,422.26 (Cooper)
0:39:51 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
S1,422.26.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve Buttrey's
Solvent Site cost.recovery payment of S1,422.26.
Those voting Ave beine none.
Those votinE No being Deputy Mayor Krauss, Crs. Taylor, Mehl,Andrus and Mayor
Becker.
The motion failed 0-5.
Page 5 of 12
Minutes of the Bozeman City Commission,March 19,2012
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.
Page 6 of 12
Minutes of the Bozeman City Commission,March 19,2012
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
Staffs 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 Staffs 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 Staffs updated
Montana Architectural and Historic Inventory File.
Those voting Ave 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 Staffs 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.
Page 7 of 12
Minutes of the Bozeman City Commission,March 19,2012
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 Ave 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)
Page 8 of 12
Minutes of the Bozeman City Commission,March 19,20,12
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 Amendine 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
Page 9 of 12
Minutes of the Bozeman City Commission,March 19,1012
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 votin2 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 Nor 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 Ave being Crs. Andrus, Taylor, Mehl, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
Page 10 of 12
Minutes of the Sozemon City Commission,March 19,2012
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 Ave 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.
2:13:216. Climate Working Group Update
Cr. Andrus updated the Commission about the progress off the Climate working group.
Page 11 of 12
Minutes of the Bozeman City Commission,March 19,2012
2:14:22 7. Possible Quorum notification
2:15:571. Adjournment
Mayor Becker adjourned the meeting.
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Page 12 of 12