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Home My WebLink About10-10-16 City Commission Minutes B02�,''1t 9x r r�H co.�4 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,October 10T",2016 *PLEASE NOTE THAT TIMESTAMPS ARE APPROXIMATELY 2-10 MINUTES OFF FROM ACTUAL MEETING TIME. MEETING TIMES STATED IN TEXT ARE ACCURATE.* Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-I-Ho Pomeroy: Present Staff Present at the Dais:City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough A. 05:59:24 PM (00:01:16)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Ave Mayor Taylor called the meeting to order at 6:01 PM. B. 05:59:44 PM (00:01:36) Pledge of Allegiance and a Moment of Silence C. 06:00:40 PM (00:02:32)Changes to the Agenda D. 06:00:47 PM (00:02:39) Minutes 1. Approve the Regular Meeting Minutes from September 12,September 19, an September 26, 2016,and User Access to Linked Minutes .a 06:00:57 PM (00:02:49)Motion and Vote to approve the combined City Commission minutes from September 12,September 19,and September 26,2016 as submitted. The motion passed 5-0. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Page 1of12 Bozeman City Commission Minutes,October 10,2016 Commissioner-Chris Mehl:Approve Commissioner- I-Ho PomeroV:Approve E. 06:01:22 PM (00:03:14)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) , a 2. Approve the Traditions Phase 3 Subdivision Final Plat and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, Located Southwest of the Intersection of Twin Lakes Avenue and Oak Street,Application 16078 (Saunders) 07 a 3. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S)for the Water Facility Plan Update Project(Heaston) ", a 4. Approve Acceptance of Grant Award and Authorize the City Manager to Sign the Grant Agreement with the Montana Department of Transportation for the Select Traffic Enforcement Program (STEP)for Fiscal Year 2017 (FY17) (Crawford) , a 5. Authorize the City Manager to Sign the Grant Agreement with Homeword for the Low- income Housing Tax Credit Development Known as Larkspur Commons for Deferred Transportation Impact Fees (Rice) , a 06:01:27 PM (00:03:19) City Manager Overview City Manager Kukulski provided an overview of Consent Items 1-5. 06:03:10 PM (00:05:02) Public Comment Mayor Taylor opened public comment on Consent Items 1-5. There was no public comment. Mayor Taylor closed public comment. 06:03:25 PM (00:05:17)Motion and Vote to approve Consent Items 1-5 as submitted. The motion passed 5-0. DeputV Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy MaVor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve F. 06:03:42 PM (00:05:34) Public Comment 06:04:21 PM (00:06:13)Brett Horsham,Public Comment Mr. Harshorn asked the City Commission to look into the trash collecting by the train tracks. Page 2 of 12 Bozeman City Commission Minutes,October 10,2015 06:05:41 PM (00:07:33) Public Comment Mayor Taylor closed public comment. G. 06:05:46 PM (00:07:38)Special Presentation 1. Indigenous Peoples' Day Mayor Taylor introduced the Special Presentation and Dr. Walter Fleming, MSU Professor and Associate Curator of History at the Museum of the Rockies,as the presenter. 06:07:10 PM (00:09:02)Special Presentation Mr. Fleming discussed the indigenous community of Montana,and acknowledged the importance of the day. Mr. Fleming also discussed the history of the region and tribes. He also noted the process of bringing Indigenous Peoples' Day to Bozeman and the Commission. Mr. Fleming also discussed educational events surrounding Indigenous Peoples' Day. 06:22:54 PM (00:24:46) Break Mayor Taylor called a short break. 06:33:13 PM (00:30:00) Called to Order Mayor Taylor called the meeting back to order at 6:30 PM. H. 06:33:22 PM (00:30:10)Action Items 1. 06:33:24 PM (00:30:12) The Lakes at Valley West Phase 3 Preliminary Planned Unit Development,A Preliminary Planned Unit Development Application for the Third Phase of a Multi-Phase Residential Development Located on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, One Phase with 56 Lots and Additional Unplatted Phases for Future Development, Eighteen Relaxations are Requested with this Application, Located at 5600 Durston Road,Application 16319(Quasi-Judicial) (Saunders) ~.a 06:33:59 PM (00:30:46)Staff Presentation Interim Community Development Director Chris Saunders introduced the item as the first of two pieces, the PUD for the Lakes at Valley West Phase 3. Mr.Saunders displayed the plat and phasing associated with the project. He noted the initial 15 relaxations, and additional 3 more. He discussed the criteria of evaluation,that there was no public comment,and provided the recommendation of the DRC and DRB, with the conditions included in the staff report. 06:40:41 PM (00:37:29) Questions of Staff DM Andrus asked to clarify that only 3 of the relaxations are new to the Commission. CR Mehl asked what the point of the wetlands setback was. He asked what a rough units/acre estimate Page 3 of 12 Bozeman City Commission Minutes,October 10,2016 would be. He also asked about the original commercial node proposed,and why it's okay to not require that anymore. He asked the design manual was the same as previous phases. He asked about the discrepancy of 56 vs. 62 lots in the staff report. CR Pomeroy asked if the City gets anything by granting 18 relaxations.She also asked if there would be adequate parking. She asked why there were only four accessory dwelling units. 06:50:53 PM (00:47:41)Applicant Presentation Greg Stratton,the applicant, introduced his team and let the Commission know they are here for questions.The project is an extension of Phases 1 and 2. He gave an update of infrastructure improvements made in relation to the project. He is in concurrence with staff conditions. 06:53:36 PM (00:50:23)Questions of Applicant DM Andrus asked for more clarification on relaxation 16, relating to stormwater. CR Pomeroy asked why the applicant didn't ask for the affordable housing incentive. She asked about the smallest lot size and units. CR Mehl asked the applicant to make his case for the PUD for the 18 relaxations. He also asked about condition 6 and the inclusion of triplexes. CR Pomeroy asked about why only 4 accessory dwelling units. Bob Lee, Land Use Planner with Morrison- Maierle, responded in detail.She asked for further clarity regarding the density bonus. 07:06:42 PM (01:03:29) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:07:02 PM (01:03:49)Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 16319 and move to approve the planned unit development with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:07:22 PM (01:04:10) Discussion CR Mehl noted that this is a good project,worthy of support. CR Krauss discussed the "what's the deal" nature of PUDs.This project is a little bit of a laboratory with its creativity. CR Pomeroy thanked the applicant for offering affordable housing. DM Andrus also supports the application. Mayor Taylor noted that he drove the woonerfs today,and this is a grand experiment that he appreciates. Page 4 of 12 Bozeman City Commission Minutes,October 10,2016 07:13:52 PM (01:10:40) Vote that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 16319 and move to approve the planned unit development with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Deputy Mavor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 2. 07:14:08 PM (01:10:55) The Lakes at Valley West Phase 3 Subdivision, A Preliminary Major Subdivision Application for the Third Phase of a Multi-Phase Residential Development Located on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, in Association with a Planned Unit Development, One Phase with 56 Lots and Additional Unplatted Phases for Future Development, Eighteen Relaxations are Requested with the PUD Associated with this Application, Located at 5600 Durston Road, Application 16320 (Quasi- Judicial) (Saunders) 05 a 07:14:50 PM (01:11:38)Staff Presentation Interim Community Development Director Chris Saunders entered the staff report and all applicable materials into the record and presented the preliminary major subdivision application. 07:16:56 PM (01:13:43)Questions of Staff CR Mehl asked about condition 6,specific to lot R2A. He also asked about the water right issues. 07:18:09 PM (01:14:57)Applicant Presentation Mr.Stratton stated that he was available for questions. 07:18:13 PM (01:15:00)Questions CR Mehl asked if he had read the staff report and if he is okay with the analysis and conditions. 07:19:07 PM (01:15:55) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:19:22 PM (01:16:10)Motion that having reviewed and considered the application materials,public comment,and all the information presented,I hereby adopt the findings presented in the staff report Page 5 of 12 Bozeman City Commission Minutes,October 10,2016 for application 16320 and move to approve the subdivision with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:19:50 PM (01:16:37) Discussion CR Mehl discussed his support of the subdivision. 07:20:29 PM (01:17:16) Vote that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 16320 and move to approve the subdivision with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 3. 07:20:50 PM (01:17:38) Request for Improvements in Lieu of Parkland Dedication for the Cottonwood Corner Site Plan, 86 & 116 South Cottonwood Road, Application 16275 (Quasi- Judicial) (Rice) 07 a 07:21:08 PM (01:17:56)Staff Presentation Associate Planner Mayana Rice entered the staff report into the record and discussed project specifics. Ms. Rice noted the parkland calculations for Cottonwood Corner. She discussed the staff review of code, specific to this project. She presented the applicant request, and their proposal of improvements-in-lieu. She discussed the staff response to the request,the RPAB response,and the Park Department's response. Ms. Rice also discussed the waiver request allowed in the BMC. She noted two alternatives for the Commission. 07:31:55 PM (01:28:43) Questions of Staff CR Mehl asked Parks Director Mitch Overton for his input. He asked about the terms of the easement, as well as if the City has done cash-in-lieu for private property before.Staff responded regarding differences in easements. CR Mehl asked about the percentage of those who would have access to this park. He asked if there was any commercial development related to the project. CR Krauss asked about a public easement on private open space, and does this fall under the same requirements. Page 6 of 12 Bozeman City Commission Minutes,October 10,2016 Mayor Taylor asked about previous project cash-in-lieu for parkland projects. He asked if any member of the public could access this property. City Attorney Sullivan asked a clarifying question, of whetherthe applicant would retain ownership of the property, and that the City would at the future point be granted an easement of some nature. CR Krauss asked for clarification if this was dedicated or undedicated. City Attorney Sullivan responded in detail. 07:44:09 PM (01:40:57)Applicant Presentation Heather Davis,with Intrinsik Architecture, noted that they are open to any type of easement moving forward. She also wanted to note that cash-in-lieu was used in the Remington open space.She discussed further details of the project and showed the proposed plan. She discussed the improvements-in-lieu proposed. 07:51:51 PM (01:48:39)Questions of Applicant CR Krauss asked how this fully satisfies the parkland needs of the residents. He also asked exactly how they met the park requirements. CR Mehl asked for the discrepancy between parking/cash-in-lieu. He also asked about the vicinity of other larger parks. He also asked what about this will be appealing to the general taxpayer. He asked about the nature of the detention facility. He asked if the buffer will disappear if the cash-in-lieu is denied. DM Andrus asked how this would look different if they did not get the cash-in-lieu. CR Mehl asked why the Commission is discussing an$8,000 difference. Mayor Taylor asked where people are walking in the vicinity. 08:10:45 PM (02:07:33) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 08:11:50 PM (02:08:37)Motion to require that the parkland dedication be as the City Attorney described through the alternative method,and that in addition to the parkland dedication using the alternative method that the City Attorney provided, that we accept the$45,672 in improvements satisfying the parkland requirements as requested by staff. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 08:12:55 PM (02:09:43) Discussion CR Krauss discussed the validity of the dedication because of the extra amenities. He thought the spirit and the letter has been observed.The City is getting parkland and amenities and cash-in-lieu,so he believes this is sufficient. CR Mehl disagreed with CR Krauss and disagreed with the cleverness proposed by the applicant.The Page 7 of 12 Bozeman City Commission Minutes,October 10,2016 park is not accessible or sufficient. DM Andrus stated that dedicating parkland to the City doesn't necessarily mean dedicating it to the public. CR Pomeroy stated that we need to follow the formula. Mayor Taylor stated that there's just not access,so he just doesn't think it works. CR Krauss asked the Commission if they would simply do cash-in-lieu to get 78 units, and does that change the perspective. Mayor Taylor responded that the$53,000 could go into a usable area. CR Mehl stated that a lot of the area proposed is a buffer already in place. 08:24:47 PM (02:21:34) Vote to require that the parkland dedication be as the City Attorney described through the alternative method, and that in addition to the parkland dedication using the alternative method that the City Attorney provided, that we accept the$45,672 in improvements satisfying the parkland requirements as requested by staff. The motion failed 1-4. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus: Disapprove Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor: Disapprove Commissioner-Chris Mehl: Disapprove Commissioner-I-Ho Pomeroy: Disapprove 08:25:06 PM (02:21:53)Motion that having considered the information provided by staff, considered public comment,and considered all of the information presented,I hereby adopt the findings as presented by staff for application 16275 and deny the provision of$45,672 improvements in lieu and the parkland dedication as suggested,as meeting the required parkland dedication and instead require payment of$53,700.77 cash-in-lieu. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 08:26:43 PM (02:23:31) Discussion CR Krauss does not support the motion. CR Mehl noted we don't like taking this type of parkland,that this is private,and other places nearby would benefit from broader use. He supports the staff recommendation. DM Andrus also supports the staff recommendation and that the cash-in-lieu will go to a more sufficient park. CR Mehl discussed the desire to see improvements-in-lieu before the applicant has too much momentum. 08:37:11 PM (02:26:20) Vote that having considered the information provided by staff, considered Page 8 of 12 Bozeman City Commission Minutes,October 10,2016 public comment, and considered all of the information presented,I hereby adopt the findings as presented by staff for application 16275 and deny the provision of$45,672 improvements in lieu and the parkland dedication as suggested, as meeting the required parkland dedication and instead require payment of$53,700.77 cash-in-lieu. The motion passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl:2nd DeputV MaVor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 08:37:39 PM (02:26:48) Break Mayor Taylor called a break until 8:35 PM. 08:46:04 PM (02:35:13)Call to Order Mayor Taylor called the meeting back to order at 8:37 PM. 4. 08:46:15 PM (02:35:24) Public Hearing to Determine Whether Approximately 7.8 Acres of Real Property Owned by the City Known as the Rouse Justice Center Site is Necessary for the Conduct of City Business or that the Public Interest May Be Furthered by the Sale of the Property(Two-Thirds Vote Required) (Kukulski) 7L9 08:46:38 PM (02:35:47)Staff Presentation City Manager Chris Kukulski stated that this is a discussion on need,and if the public's interest is furthered through the sale of the property. Mr. Kukulski provided background for the original purchase of the property. With the sale of this property,the City's share of the liability of the Law&Justice Center can be reduced by 15%. He asked that if this is the direction that the staff will come back with a proposal for sale in November. 08:50:15 PM (02:39:24)Questions of Staff CR Pomeroy asked if the L&J is passed,when will the City know when the bonds will be issued? Is there enough time for the City to sell this property in order to borrow less money?She also asked if there was an updated appraisal.Staff responded in detail, and City Attorney Sullivan stated that this is the exact process of the North Park sale. CR Krauss asked if the Commission's finding today will reduce the debt. He also asked if any other two- thirds votes will be required. City Attorney Sullivan stated that at every point in the process requires a two-thirds vote. CR Pomeroy asked if they have to add "proceeds go to reduce the debt." City Attorney Sullivan stated that this only has to happen at the point of ordinance adoption. Page 9 of 12 Bozeman City Commission Minutes,October 10,2016 DM Andrus asked if there are any strong reasons for the City to retain this property. 08:59:54 PM (02:49:03) Public Comment Mayor Taylor opened public comment. 09:00:03 PM (02:49:12)Kevin Thane,Public Comment Mr.Thane believes that dedicating this property to affordable housing instead.The location would be ideal for an affordable housing unit. 09:01:52 PM (02:51:01)David Osterman,Public Comment As a potential buyer, Mr. Osterman is unsure about the zoning for housing. He was also curious about the process for purchasing the property. 09:04:13 PM (02:53:22)Barry Brown,Public Comment Mr. Brown asked the Commission to view this from a developer's shoes. Selling it to the highest bidder makes it easy to be in the publics' interest. He asked the Commission to take a hard eye on the option of affordable housing. Highest bidder does not equate to affordable housing. 09:07:35 PM (02:56:44) Public Comment Mayor Taylor closed public comment. 09:07:41 PM (02:56:50) Discussion CR Mehl stated that this motion is just the first step, many of the questions brought up will be discussed in the next step. CR Krauss asked what the property is currently zoned. Staff responded in detail. 09:12:14 PM (03:01:23)Motion that having considered the information presented by staff and public comment,I hereby move that should the bond and mill levy election for a new Law and Justice Center pass on November 8,2016, the entire City-owned property known as the proposed Rouse Justice Center site(described as Parcel A of the Amended Plat of Lots 14, 15&28 of the Imes'Addition)will no longer be necessary for the conduct of City business or the preservation of City property, that the public interest will be furthered by a market rate sale of the property,and to direct the City Manager to return to the Commission with a proposal for how to sell the property and all proceeds of the sale will go to reduce the amount needed to bond the Law and Justice Center. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd 09:13:55 PM (03:03:04) Discussion CR Pomeroy stated that she would love to reduce the amount the City needs to borrow.She is also interested in seeing affordable housing here. She is going to say no to the motion. DM Andrus will be supporting the motion because it furthers the public interest by decreasing the Page 10 of 12 Bozeman City Commission Minutes,October 10,2016 amount of money going to paying the bond.She does not believe selling the property precludes any of the other options of interest. CR Mehl sees two possibilities,that it is either not needed or the public interest would be furthered by the sale. He believes it is an AND. He supports the motion. CR Krauss echoed what CR Mehl stated. He believes the sale of this to the highest bidder to reduce debt will further the public's confidence in our fiscal responsibility towards the Law&Justice Center.The City's biggest priority has been the Law&Justice Center for a very long time.There are other options for the shops complex. MDT has plans to complete Rouse, so this furthers the public interest. Mayor Taylor adopts by reference the previous comments made.The property is very well-situated.The City Shops can go on much less valuable land.The proposal from staff will determine whether it makes sense to rezone it first or second,that's a discussion for later. He supports the motion as stated. 09:23:04 PM (03:12:13) Vote that having considered the information presented by staff and public comment, I hereby move that should the bond and mill levy election for a new Law and Justice Center pass on November 8,2016, the entire City-owned property known as the proposed Rouse Justice Center site(described as Parcel A of the Amended Plat of Lots 14, 15&28 of the Imes'Addition)will no longer be necessary for the conduct of City business or the preservation of City property, that the public interest will be furthered by a market rate sale of the property, and to direct the City Manager to return to the Commission with a proposal for how to sell the property and all proceeds of the sale will go to reduce the amount needed to bond the Law and Justice Center. The motion passed 4-1. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy: Disapprove I. 09:23:30 PM (03:12:39) FYI/Discussion 1. City Manager Kukulski informed the Commission that the Legislative Committee of the MLCT board unanimously approved 17 resolutions entering into the 2017 legislative session. He will provide the Commission with clean copies of the resolutions. 2. City Manager Kukulski noted that the packets this week were very large, and asked for the Commission's input on how to proceed with large issues in the future. CR Krauss does not think quantity is superior to quality. He'd prefer to see more streamlined reports. DM Andrus agreed with just having that which is most important in the packet. She also would like it in electronic format. CR Krauss would like something portable to bring here. Mayor Taylor thought it was ridiculous to have so much information. Page 11 of 12 Bozeman City Commission Minutes,October 10,2016 3. City Manager Kukulski reminded the Commission of the ASMSU/Commission meeting this Thursday at 6:00 PM in MSU SUB Room 235. 4. City Manager Kukulski informed the Commission that the upcoming Strategic Plan Work Session will be confirmed for November 16Ih and 17cn 1 09:32:14 PM (03:21:23)Adjournment Mayor Taylor adjourned the meeting at 9:22 PM. CD Carson Taylor Mayor ATTEST: • r r RotiinyCh- r \t'City, erk CO. PREPARED BY: Robin Crough City Clerk Approved on: ��[w,ILPJ Page 12 of 12