HomeMy WebLinkAbout04-02-12 Minutes, City Commission w •
�tt�TrAf CO.` 0
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 21 St.
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.
Page 1 of 8
Minutes of the Bozeman City Commission,April 2,2012
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 votine Aye being Crs. Mehl, Andrus, Taylor and Mayor Becker.
Those votine 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 (Hesston)
Page 2 of 8
Minutes of the Bozeman City Commission,April 2,2012
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 votine Ave beinL-Crs. Taylor, Mehl,Andrus and Mayor Becker.
Those voting No beinE 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 Avan elisca 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.
Page 3 of 8
Minutes of the Bozeman City Commission,April 2,2012
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.
Page 4 of 8
Minutes of the Bozeman City Commission,April 2,2012
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.
0:4427 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
Page 5 of 8
Minutes of the Bozeman City Commission,April 2,2012
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, 1 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 Ave beine Crs. Mehl, Andrus, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:49:312. 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.
Page 6 of 8
Minutes of the Bozeman City Commission,April 2,2012
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
510,000.
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/A uatics Facility
Feasibility Study for a cost not to exceed 510,000.
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 510,000.
Those voting Ave being Crs, Andrus, Taylor and Mayor Becker.
Those voting No being Cr. MehI.
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.
Page 7 of 8
Minutes of the Bozeman City Commission,April 2,2012
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
l 3th 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
130
ATTEST`4'�.� y .
Sta J
PREPARED BY:
S cy me , CMC, City Clerk
Approved on
Page 8 of 8