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Home My WebLink About08-22-16 City Commission Minutes B0 2�,� r rjA co. THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,August 22,2016 Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-I-Ho Pomeroy: Present Staff Present at the Dais:Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, City Clerk Robin Crough A. 05:59:54 PM (00:01:26)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:00:01 PM (00:01:33) Pledge of Allegiance and a Moment of Silence C. 06:01:00 PM (00:02:32)Changes to the Agenda D. 06:01:07 PM (00:02:39)Authorize Absence—Commissioner Krauss 06:01:10 PM (00:02:42)Motion and Vote to authorize the absence of Commissioner Krauss. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve E. 06:01:29 PM (00:03:01) Public Service Announcements Page 1 of 8 Bozeman City Commission Minutes,August 22,2016 1. 06:01:34 PM (00:03:06) Notification of Canceled Commission Meeting for Monday, August 29th; and Notification of Canceled Commission Meeting and City Offices Closed for Monday, September 5th in Recognition of Labor Day(Crough) F. 06:02:06 PM (00:03:38)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) ��4p 2. Authorize the City Manager to Sign Amendment Number 1 to Task Order Number 7 with DOWL for the Right of Way Acquisition Project at North 27th Avenue (Murray) a, a 3. Resolution 4715, Intent to Create a Special Improvement Lighting District Number 733 for Sacajawea Middle School (Neibauer/Clark) I t5 4. Formal Cancellation of the August 29, 2016 City Commission Meeting(Crough) a 5. Formal Cancellation of the September 5, 2016 City Commission Meeting(Crough) 1 a 06:02:11 PM (00:03:43)City Manager Overview Assistant City Manager Chuck Winn presented on Consent Items 1-5. 06:03:24 PM (00:04:56) Public Comment Mayor Taylor opened public comment for Consent Items 1-5. There was no public comment. Mayor Taylor closed public comment. 06:03:36 PM (00:05:08)Motion and Vote to approve Consent Items 1-5 as submitted. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus: Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve G. 06:03:58 PM (00:05:30) Public Comment Mayor Taylor opened public comment. 06:04:26 PM (00:05:58)Jack Raneri,Public Comment Mr. Raneri stated his concern for the new apartment project in his neighborhood. He believes the scale of the project is too large for the neighborhood and threatens the aesthetic. He also feels that parking will seriously impact the neighborhood. He stated that 3.5 stories would be a more reasonable height. He has attended recent meetings and strongly opposes the development. Page 2 of 8 Bozeman City Commission Minutes,August 22,2016 06:07:49 PM (00:09:21) Public Comment Mayor Taylor closed public comment. H. 06:07:53 PM (00:09:25)Special Presentation 1. 06:08:00 PM (00:09:32) Rollout of the Click2Gov Planning Module and Quick Response (QR) Codes for Notices (Saunders) xa Interim Community Development Director Chris Saunders discussed the public expectations as the city grows quickly. He discussed the Click2Gov software that enables the public to access development information online. Mr. Saunders showed the Commission how a citizen can use the system, as well as how to find it on the City's website. He also stated that his department is upgrading notices and adding a QR code to printed notices. He thanked the other departments in the City that contributed to the upgrade, including Chris Kangas in GIS, Brian LaMeres in Finance, and the City's IT group. 06:14:47 PM (00:16:19)Questions of Staff Mayor Taylor asked if he had an address, and not an application number,would he still be able to find the project? DM Andrus asked if this number is included in the Commissions' updates. I. 06:16:02 PM (00:17:34)Action Items 1. 06:16:07 PM (00:17:39) Resolution 4718, Authorizing the Allocation of Additional Funding from the Trails,Open Space and Parks Bond for the Bozeman Creek Enhancements at Bogert Park Project; and Notice of Award for the Project(Poissant) 774wl 06:18:56 PM (00:20:28)Staff Presentation Carolyn Poissant,TOPS Project Manager, introduced the Bozeman Creek Enhancements at Bogert Park TOPS Bond Project, and discussed the original Resolution 4492,which laid out the project budget.She discussed the construction budget and the possibility of contingencies.The request is an addition $50,000 JUST for contingencies,and any unused portion would return to the fund. 06:23:15 PM (00:24:47)Questions of Staff DM Andrus asked why the City didn't request the contingency of 15%at the beginning of the process. CR Mehl asked to make sure the normal process will apply to any change orders, etc. City Attorney Sullivan clarified the process of pre-authorizing this money should a change order be necessary. 06:28:38 PM (00:30:10) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. Page 3 of 8 Bozeman City Commission Minutes,August 22,2016 06:28:49 PM (00:30:21)Motion that having considered all information provided relevant to this request, I hereby move to approve Resolution 4718 for an additional allocation of$50,000 from the 2012 Trails, Open Space, and Parks Bond fund for construction of the Bogert Creek Enhancement project,for a total allocation of$490,000, with any remaining funds to be returned to the unallocated balance of the Bond Fund following completion of the project. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 06:29:24 PM (00:30:56) Discussion DM Andrus, as the TOPS Committee Liaison, discussed why this resolution makes sense for the project and funding. CR Mehl stated that he is in support of the motion, but has some questions about the efficiency of the process. CR Pomeroy supported the motion. 06:31:21 PM (00:32:53) Vote that having considered all information provided relevant to this request,I hereby move to approve Resolution 4718 for an additional allocation of$50,000 from the 2012 Trails, Open Space, and Parks Bond fund for construction of the Bogert Creek Enhancement project,for a total allocation of$490,000, with any remaining funds to be returned to the unallocated balance of the Bond Fund following completion of the project. The motion passed 4-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-1-Ho Pomeroy:Approve 06:31:36 PM (00:33:08)Motion to authorize the City Manager to sign the Notice of Award to Highland Construction,Inc. in the amount of$443,905.00 for the Bozeman Creek Enhancements at Bogert Park project. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 06:31:53 PM (00:33:25) Discussion DM Andrus supports the project. CR Mehl thinks the project is great and supports it. 06:32:29 PM (00:34:01) Vote to authorize the City Manager to sign the Notice of Award to Highland Construction,Inc. in the amount of$443,905.00 for the Bozeman Creek Enhancements at Bogert Park project. The motion passed 4-0. Page 4 of 8 Bozeman City Commission Minutes,August 22,2016 Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Manor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 2. 06:32:43 PM (00:34:15) Application 16252, an Annexation Petition for Four Existing Lots Located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue, Totaling 1.0601 Acres with 0.464 Acres of Right-of-Way and Proposed Initial Zoning of R-3, Residential Medium Density District(WerBell) 77�a 06:33:19 PM (00:34:51)Staff Presentation Planner Mitch WerBell presented the Kable Subdivision Annexation and Zone Map Amendment,and discussed the properties. No development in included in the application. Mr.WerBell discussed the recommended requirements for annexation,as well as the annexation goals and policies.The zoning criteria were also met with this application.Three items of public comment were received. DRC and the Zoning Commission recommended approval. 06:39:43 PM (00:41:15)Questions of Staff CR Mehl asked where the applicant lives, as well as the status of the mobile home on the property. He also asked Mr.WerBell to summarize the safety concerns of the public comment, including a stop sign obscured by trees,and the status of sidewalks.Staff responded in detail. DM Andrus asked Mr.WerBell to further articulate the difference between R-2 and R-3.She further asked about future transportation development at the property. CR Pomeroy asked about the potential of a fire at the"County Island" property adjoining.She also asked about potential annexation of other island properties nearby.Staff responded in detail. Mayor Taylor asked how some of the neighboring lots got onto City services without annexation. 06:51:01 PM (00:52:33)Applicant Presentation Margaret Cleary and Bret Holzer, applicants,discussed the property purchase.They are not developers, they are improving the property to move from septic to services. Ms. Cleary noted how huge the cost is to annex,just for the record. Cost totals around$30,000,due in 60 days.She also discussed the amount of her lot that she has to donate to the right-of-way.She asked the Commission if there could be any payment plans in the future for people in a situation like hers,as many have no idea this may be coming. 06:57:14 PM (00:58:46)Questions of Applicant CR Mehl asked to make sure the applicant has read and agrees with the Staff Report and conditions. DM Andrus asked what due diligence the applicants did when they bought the house. 07:01:37 PM (01:03:09)Leon Liebman,Public Comment Mr. Liebman, a neighbor of the property,discussed eminent domain in relation to the Magna Carta and Page 5 of 8 Bozeman City Commission Minutes,August 22,2016 Constitution, noting the owner should be compensated when land is taken, and the possibility of a rate card in land payments. He also discussed that the lack of awareness is a big problem, and that the City should mandate the disclosure of this information. 07:06:39 PM (01:08:11) Public Comment Mayor Taylor officially opened public comment. 07:06:50 PM (01:08:22)Rebecca Alwine, Public Comment Ms.Alwine, a neighbor of the property,was concerned with the R-3 zoning designation.She discussed public safety issues in the neighborhood. 07:09:50 PM (01:11:22) Public Comment Mayor Taylor closed public comment. 07:09:55 PM (01:11:27)Questions of Staff(continued) DM Andrus asked what the ramifications of not annexing would be. 07:10:59 PM (01:12:31)Motion that having reviewed and considered the staff report,application materials,public comment and all information presented,I hereby adopt the findings presented in the staff report for Application 16252 and move to approve the Kable Subdivision Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy:2nd 07:11:29 PM (01:13:01) Discussion CR Mehl discussed the terms of annexation, and how they have generally been met. He discussed the annexation policies and history of the City. He stated that he wants a stronger deadline for when sidewalks will be pursued. He discussed the possibility for payment options. CR Pomeroy strongly supports annexation,and hopes the City has a plan to annex other properties nearby. DM Andrus agrees with CR Mehl, and states her concern about lack of sidewalk requirements.She does support the annexation. Mayor Taylor thanked the applicant for informing the Commission of their situation.The City is experiencing growth, and this is one of the few islands. He reiterated his desire to encourage property owners to come into the City, but he also recognizes the problem. He discussed tax equity regarding annexation. He also clarified that technically this isn't eminent domain. 07:23:49 PM (01:25:21) Vote that having reviewed and considered the staff report,application materials,public comment and all information presented,I hereby adopt the findings presented in the staff report forApplication 16252 and move to approve the Kable Subdivision Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion passed 4-0. Page 6 of 8 Bozeman City Commission Minutes,August 2Z 2016 Commissioner-Chris Mehl: Motion Commissioner-1-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent MaVor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 07:24:00 PM (01:25:32)Motion that having reviewed and considered the staff report,application materials,public comment and all information presented,I hereby adopt the findings presented in the staff report forApplication 16252 and move to approve the Kable Subdivision Annexation Zone Map Amendment with contingencies required to complete the application processing. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 07:24:21 PM (01:25:53) Discussion CR Mehl discussed the neighboring zoning. He discussed the safety of zoning in the area. He noted that the City is unable to mandate the County to disclose annexation information since the City doesn't control the land. CR Pomeroy agreed with CR Mehl, and supports the motion. DM Andrus also supports R-3 zoning. She reminded the public that R-3 is only the density that you build up to. Mayor Taylor noted that the City tries to follow the owner's request in annexations.The zoning difference is not significant and will not have a significant impact on the neighborhood. 07:31:41 PM (01:33:13) Vote that having reviewed and considered the staff report, application materials,public comment and all information presented,I hereby adopt the findings presented in the staff report for Application 16252 and move to approve the Kable Subdivision Annexation Zone Map Amendment with contingencies required to complete the application processing. The motion passed 4- 0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho PomeroV:Approve J. 07:31:53 PM (01:33:25) FYI/Discussion 1. City Clerk Crough reminded the Commission of the Gallatin County Roundtable Discussion on Friday. Page 7 of 8 Bozeman City Commission Minutes,August 22,2016 K. 07:32:22 PM (01:33:54)Adjournment Mayor Taylor adjourned the meeting at 7:32 PM. Carson Taylor Mayor 'ATTEST: .y * �.RQhir�I6o ft IVIPA 'f,•. G 'City Clerk o - PREPARED BY: Robin Crough, MPA City Clerk Approved on: Sec y Page 8 of 8