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HomeMy WebLinkAbout03-20-17 City Commission Minutes 3 i co I THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,March 20,2017 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. 05:01:16 PM (00:03:03)Call to Order—EARLY START TIME-5:00 PM-Commission Room, City Hall, 121 North Rouse f a Mayor Taylor called the meeting to order at 5:01 PM. I B. 05:01:30 PM (00:03:17) Pledge of Allegiance and a Moment of Silence C. 05:03:00 PM (00:04:47)Changes to the Agenda City Manager Kukulski noted that he was presented with a stack of cards from the students and a thank you from the teachers, as well as a photograph from the Hawthorne students. D. 05:04:01 PM 00:05:48 Minutes 1. Approve the Regular Meeting Minutes from February 6, February 13, and February 27, 2017, and User Access to Linked Minutes '7:ry4 05:04:04 PM (00:05:51)Motion and Vote to approve the combined City Commission Minutes from February 6,February 13,and February 27,2017,as submitted. The motion passed 5-0. Commissioner-I-Ho PomeroV:_Motion Commissioner-Chris Mehl: 2nd DeputV MaVor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Page 1 of 17 Bozeman City Commission Minutes,March 20,2017 Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve E. 05:04:36 PM (00:06:23)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) G 2. Authorize the Mayor to Sign a Letter of Support with the Trust for Public Land for the National 10-Minute Walk to a Park Campaign (Overton) 7. a 3. Authorize the Mayor to Sign the Findings of Fact and Order for the Glen Lake Commerce Subdivision Preliminary Plat,Application 16533 (Quasi-Judicial) (WerBell) !a 4. Authorize the Mayor to Sign the City of Bozeman's Certified Local Government Grant Contract for 2017-2018 with the Montana State Historic Preservation Office in the amount of$5,500 for a Portion of the Historic Preservation Specialist Salary(Saunders) *!- a 5. Approve the Grant Award with Montana Fish,Wildlife and Parks for the Northwest Bozeman Wayfinding Station at the Bozeman Sports Park and Authorize the City Manager to Sign the Grant Agreement(Poissant) 7 to 6. Authorize the City Manager to Sign a Memorandum of Understanding with the USDA Forest Service,Custer Gallatin National Forest,for Municipal Watershed Projects (Heaston) 7La 7. Authorize the City Manager to Sign a Professional Services Agreement with Altitude Training Associates to Complete Various Construction Site Stormwater Management Training Classes over Two-Year Term (Mehrens) 01- a 8. Design, or f„r Parks ai4d Trails no..tr'et Feasibility Stud„(Peissant) m°tp MOVED TO ACTION 9. Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HDR Engineering, Inc. for On-Call Engineering Services at the City of Bozeman Water Reclamation Facility(Heaston) 01 p 10. Authorize the City Manager to Sign Addendum C-2 to the Master Services Agreement with Vision Technology Solutions for the Bozeman Public Library Website Subsite (McMahan) _. a 11. Authorize the City Manager to Sign Amendment Number 1 with Robert Peccia and Associates for the Durston and Cottonwood Road Improvements Project(Murray) `_'a 12. Authorize the City Manager to Sign Task Order Number 5 to the Professional Services Agreement with HDR Engineering for Stormwater System Pipe Rehabilitation and Drainage Project Design (Mehrens) ul~ a 13. Resolution 4778, Intent to Modify Special Improvement Lighting District (SILD) Number 728 for The Lakes at Valley West Phases 1-3 (Clark) C= 14. Resolution 4785,Authorizing Change Order Number 2 with DLM Contracting, Inc.to the South University Area Sewer Main Interceptor Project(Murray) 0, a Page 2of17 Bozeman City Commission Minutes,March 20,2017 15. ' r,,.+:yn the New Offneial ZeRe Map (Sau.,deFS) �..'4 MOVED TO ACTION 16. Resolution 4758, Allocation of Cash-in-lieu of Park Land Dedication Funds from 23rd Avenue Condominium (Z14125)to Bozeman Sports Park(Poissant) 01-.4- 17. Ordinance 1971 Final Adoption, Affordable Housing Lot Size Averaging Text Amendment Amending Section 38.08.040 of the Bozeman Municipal Code, Application 17016 (Saunders) 05:04:36 PM (00:06:23)Changes to Consent Consent Items E8 and E15 were pulled from the Consent Agenda and moved to the first two items on the Action Agenda. I G i, 05:04:59 PM (0:06:46) Public Comment on Consent Items 1-7, 9-14,and 16-17 y c Mayor Taylor opened public comment on Consent Items 1-7, 9-14, and 16-17. There was no public comment. Mayor Taylor closed public comment on Consent Items 1-7, 9-14, and 16-17. I' 05:05:11 PM (00:06:58)Motion and Vote to approve Consent Items 1-7, 9-14, and 16&17 as submitted. The motion passed 5-0. Commissioner-Chris Mehl: 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:Approve F. 05:05:30 PM (00:07:17) Public Comment Mayor Taylor opened public comment. There was no public comment. i Mayor Taylor closed public comment. G. 05:06:42 PM (00:08:29)Action Items Item E8. 05.06:46 PM (00:08:33) Authorize the City Manager to Sign a Professional Services Agreement with Peaks to Plains Design, PC for a Parks and Trails District Feasibility Study (Poissant) 05:07:14 PM (00:09:01) Public Comment Mayor Taylor opened public comment. There was no public comment. z Mayor Taylor closed public comment. n Page 3 of 17 3 �I Bozeman City Commission Minutes,March 20,2017 05:07:29 PM (00:09:16)Motion to approve Item E8[Authorizing the City Manager to Sign a Professional Services Agreement with Peaks to Plains Design, PC for a Parks and Trails District Feasibility Study]. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Jeff Krauss: 2nd 05:07:35 PM (00:09:22) Discussion CR Mehl stated his support for the project. CR Krauss did not approve parks maintenance as a separate fund. 05:09:09 PM (00:10:56) Vote on the Motion to approve Item E8[Authorizing the City Manager to Sign a Professional Services Agreement with Peaks to Plains Design, PC for a Parks and Trails District Feasibility Study]. The motion passed 4-1. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus: Approve Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve Item E15. 05:09:21 PM (00:11:08) Resolution 4787, Replacing the Bozeman Zone Map and Authorizing the Mayor's Signature Certifying the New Official Zone Map(Saunders) 01 a 05:09:35 PM (00:11:22) Discussion CR Krauss would like to see what changes are being made to the Zone Map and to have a public hearing. 05:10:03 PM (00:11:50) Public Comment Mayor Taylor opened public comment. 05:11:00 PM (00:12:47)Jason Delmue,Public Comment Mr. Delmue discussed a typo on the zone map,whether his property is R-2 or R-3. 05:16:21 PM (00:18:08)Questions of Staff Mayor Taylor asked if staff could respond. Policy and Planning Manager Chris Saunders discussed the process for zone map amendments,and that tonight's process is very different. He stated that the changes are lining up zoning districts. He clarified that no zoning would be changed tonight. City Attorney Sullivan asked if there was in fact a typo, and if Mr. Delmue's assertion is correct. He also asked if there was any urgency in adoption of this resolution. Page 4 of 17 Bozeman City Commission Minutes,March 20,2017 CR Krauss asked why the Commission can't change the line this evening. 05:27:58 PM (00:29:45)Motion to continue Item E15 to March 27,2017. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 05:28:25 PM (00:30:12) Public Comment Mr. Delmue confirmed he can be here next week. 05:28:49 PM (00:30:36) Vote on the Motion to continue Item E15 to March 27, 2017. The motion passed 5-0. i Commissioner-Chris Mehl: Motion I 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 i 1. 05:29:22 PM (00:31:09) Ordinance 1950 Final Adoption, Amending the Bozeman Municipal Code to Add Mobile Vending Regulations (Kukulski) 7,0 05:29:44 PM (00:31:31)Staff Presentation City Attorney Greg Sullivan provided the Commission information on Ordinance 1950, regulating mobile vending. He suggested an addition to Section 10 of the Ordinance. He stated what the next steps would be. 05:35:03 PM (00:36:50)Questions of Staff There were no questions of staff. 05:35:07 PM (00:36:54)Public Comment Mayor Taylor opened public comment. ) 05:35:15 PM 00:37:02 Kelley Krekelberg,Public Comment Ms. Krekelberg thanked the Commission for taking the time to speak with her.She proposed a different option to have a reserved space at Soroptomist Park with a schedule for all trucks,which she volunteered to coordinate. 05:38:38 PM (00:40:25)Questions of Staff Page 5 of 17 i t i l Bozeman City Commission Minutes,March 20,2017 There were no questions for staff. 05:38:49 PM (00:40:36)Motion that having considered public testimony and having provisionally adopted Ordinance 1950 on February 27,2017, 1 hereby move to finally adopt Ordinance 1950 amending the Bozeman Municipal Code to add mobile vending regulations. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 05:39:40 PM (00:41:27) Discussion CR Krauss still does not support the ordinance because of the issue just stated. He prefers parking for retail vending on Main Street. CR Pomeroy agrees with CR Krauss. The Commission discussed what options they wanted to propose tonight to possibly incorporate alternatives for fashion trucks, including coming back with an amendment. 05:53:37 PM (00:55.24)Amendment to include[in section 28.03.060]"Mobile vending for non-food retail is authorized between the hours of 4:00 PM and 9:00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park." Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy:2nd 05:54:10 PM (00:55:57) Discussion City Attorney Sullivan clarified this amendment would not be reserving spaces for mobile vending. CR Mehl asked if the 2 hour limit was still in effect.The Commission and City Attorney discussed the final adoption/notice details. Mayor Taylor discussed his concerns regarding health and safety. Deputy Mayor Andrus is not convinced of the amendment,since the opportunity to park on Rouse already exists. CR Krauss would be willing to put other hours in. 06:01:34 PM (01:03:21) Vote on the Amendment to include[in section 28.03.060]"Mobile vending for non-food retail is authorized between the hours of 4:00 PM and 9:00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park."The motion passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus: Disapprove Commissioner-Jeff Krauss:Approve Mayor.-.Carson Taylor:Approve Commissioner-Chris Mehl:Approve Page 6 of 17 Bozeman City Commission Minutes,March 20,2017 Commissioner- I-Ho Pomeroy:Approve 06:01:47 PM f01:03:34) Discussion CR Mehl suggested that the 2 hour rotation limit stays, but to start earlier. CR Pomeroy asked for clarification of days vs. hours. 06:05:28 PM (01:07:15)Amendment to the Amendment to include[in section 28.03.0601"Mobile vending for non-food retail is authorized between the hours of 4;08 PA 2:00 PM and 9.00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park." Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 06:05:40 PM (01:07:27) Discussion Mayor Taylor expressed that his concern is making more space available. CR Krauss stated that delineation of where to park will be needed. CR Pomeroy clarified if the 2 hour rule still was in effect. 06:07:43 PM (01:09:30) Vote on the Amendment to the Amendment to include[in section 28.03.0601 "Mobile vending for non-food retail is authorized between the hours of 4:89-12M 2:00 PM and 9:00 PM on Main Street and Rouse Avenue immediately adjacent to Soroptimist Park."The motion passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus: Disapprove Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-1-Ho Pomeroy:Approve s 06:07:59 PM (01:09:46) Discussion CR Mehl thanked staff and the Commission. 06:09:22 PM (01:11:09)Amendment to add section 10 as shown in the City Attorney's presentation x [adding"Any mobile vendor currently holding a city business license and wishing to conduct activities within the area of the downtown business improvement district as such area is defined in this Ordinance after the Effective Date of this Ordinance must submit an application for a business license that authorizes vending in the downtown business improvement district and pay the fee for such as established by Resolution of the Commission for such license no later than thirty(30)days after the Effective Date."]. Commissioner-Jeff Krauss: Motion 3' Page 7 of 17 Bozeman City Commission Minutes,March 20,2017 Commissioner-Chris Mehl: 2nd 06:09:37 PM 01:11:24 Discussion There was no discussion. 06:09:42 PM (01:11:29) Vote on the Amendment to add section 10 as shown in the CityAttorney's presentation[adding "Any mobile vendor currently holding a city business license and wishing to conduct activities within the area of the downtown business improvement district as such area is defined in this Ordinance after the Effective Date of this Ordinance must submit an application for a business license that authorizes vending in the downtown business improvement district and pay the fee for such as established by Resolution of the Commission for such license no later than thirty(30) days after the Effective Date."]. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 06:10:03 PM (01:11:50) Vote on the Main Motion as Amended that having considered public testimony and having provisionally adopted Ordinance 1950 on February 27,2017,/hereby move to finally adopt Ordinance 1950 amending the Bozeman Municipal Code to add mobile vending regulations. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 2. 06:10:19 PM (01:12:06) Resolution 4766, Amending Resolution 4686, Fee Schedule for Business Licenses and Special Services and Regulatory Inspection Fees, to include Mobile Vending in Business Licenses and Fees (Kukuiski) "I a 06:10:43 PM (01:12:30)Staff Presentation City Manager Kukulski presented the fee schedule changes proposed in Resolution 4766. Page 8of17 Bozeman City Commission Minutes,March 20,2017 06:12:54 PM (01:14:41)Questions of Staff CR Mehl asked if the grace period affected these as well. 06:13:14 PM (01:15:01) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:13:28 PM (01:15:15)Motion that having reviewed and considered the staff memorandum,public comment, and all information presented,1 hereby move to approve Resolution 4766 amending the fee schedule for the business license program to include mobile vending. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 06:13:52 PM (01:15:39) Discussion CR Pomeroy stated this was reasonable. 06:14:15 PM (01:16:02) Vote on the Motion that having reviewed and considered the staff memorandum,public comment, and all information presented, I hereby move to approve Resolution 4766 amending the fee schedule for the business license program to include mobile vending. The !' i motion passed 5-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 06:14:48 PM (01:16:35) Recess Mayor Taylor called the Commission into recess until 6:20 PM. 06:23:38 PM (01:25:25)Call to Order Mayor Taylor called the meeting back to order at 6:23 PM. 3. 06:23:50 PM (01:25:37) Resolution 4782, Amending the City's Annual Budget for the Street Impact Fee Fund, Arterial & Collector District Fund, and the Special Improvement District Revolving Fund to Increase Appropriations by a Total of$5,311,520 for the Fiscal Year Ending June 30, 2017 to Complete Various Street and Intersection Projects (Rosenberry) 71,411 ) Page 9 of 17 Bozeman City Commission Minutes,March 20,2017 06:24:23 PM (01.26:10)Staff Presentation City Manager Kukulski and Director of Public Works Craig Woolard provided an overview of Action Items 3-6, also known as the Westside Street Improvement Project, or Megabuild. He discussed the project elements,the following actions this evening,and why this approach was done. 06:35:07 PM (01:36:54)Questions of Staff CR Pomeroy asked if this approach will save the City money.She asked if the County was going to reimbursement any of the agreement. City Manager Kukulski stated that the County has not at this point agreed. CR Mehl asked if the developer's estimate is a fair price. He also asked about the completion of Annie Street. 06:40:14 PM (01:42:01) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:40:42 PM (01:42:29)Staff Presentation Continued Assistant City Manager Anna Rosenberry discussed the project elements and how the budget needs to be amended to complete the projects.She discussed the fiscal effects on the three funds. 06:51:40 PM (01:53:27)Questions of Staff DM Andrus asked what if creating an SID would preclude the City from doing other SIDs in the future. She also asked about the payback schedule with Flanders Mill, LLC. She also asked about further detail concerning the County's share. City Manager Kukulski answered in great detail. CR Krauss asked about the County protesting the SID out. City Attorney Sullivan noted the executed Waiver of Right to Protest that runs with the land when annexed. CR Mehl asked about the School District repayment. Mayor Taylor asked how the easement plays into this. CR Krauss asked how the City would go forward with the roundabout if they don't get the property.This was discussed in detail. Mayor Taylor asked if the stormwater redesign could happen this season,as well as the details of the County's leverage. CR Krauss asked if the City did this design work assuming the County would go along with this. 07:19:13 PM 02:21:00 Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:19:32 PM (02:21:19)Motion to adopt Resolution No. 4782,Amending the City's Annual Budget for Page 10 of 17 Bozeman City Commission Minutes,March 20,2017 the Street Impact Fee Fund,Arterial& Collector District Fund, and the Special Improvement District Revolving Fund to Increase Appropriations by a Total of$5,311,520 for the Fiscal Year Ending June 30, 2017 to Complete Various Street and Intersection Projects. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 07:20:00 PM (02:21:47) Discussion CR Mehl thanked the developer, City, and School District for working together. He noted that these improvements will significantly and positively impact county residents. DM Andrus agrees with CR Mehl and is also disappointed with the County. CR Krauss applauded those who worked on this project. CR Pomeroy was thankful for the School District and developer for their cooperation. Mayor Taylor stated this was staff creativity to save money, and spoke of his disappointment with the Cou nty. CR Krauss stated the need and the demand is here, and the risk is low. 07:41:11 PM (02:42:58) Vote on the Motion to adopt Resolution No. 4782,Amending the City's Annual Budget for the Street Impact Fee Fund,Arterial& Collector District Fund,and the Special Improvement District Revolving Fund to Increase Appropriations by a Total of$5,311,520 for the Fiscal Year Ending June 30,2017 to Complete Various Street and Intersection Projects. The motion passed 5-0. I I Commissioner-Chris Mehl: Motion DeputV MaVor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 4. 07:41:25 PM (02:43:12) Resolution 4771, a Resolution of Intent to Create Special Improvement District (SID) 740 for the Purpose of Undertaking Certain Local Improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street between Davis Lane and North Ferguson Avenue, and Financing the Costs Thereof (Woolard/Sullivan) 0�a 07:41:51 PM (02:43:38)Staff Presentation Director of Public Works Woolard provided an overview of SID 740. He provided the timeline and project costs. 07:44:42 PM (02:46:29)Questions of Staff Page 11 of 17 jl 3 Bozeman City Commission Minutes,March 20,2017 There were no questions of staff. 07:44:51 PM (02:46:38) Public Comment There was no public comment. 07:45:15 PM (02:47:02)Motion to adopt Resolution 4771,declaring it to be the City's intention to create Special Improvement District(SID)Number 740 for the purpose of financing local improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street between Davis Lane and North Ferguson Avenue. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 07:45:37 PM 02:47:24 Discussion CR Mehl noted this is how we finance projects like this. DM Andrus also supports. CR Krauss discussed the nature of protesting SIDs, as well as the benefit to the landowner of this SID. CR Pomeroy looks forward to the County's cooperation. 07:51:00 PM (02:52:47) Vote on the Motion to adopt Resolution 4771, declaring it to be the City's intention to create Special Improvement District(SID)Number 740for the purpose of financing local improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street between Davis Lane and North Ferguson Avenue. The motion passed 5-0. Commissioner-Chris Mehl: 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:Appro_ve 5. 07:51.12 PM (02,52:59)Approve the Interlocal Agreement with Bozeman School District 7 for the Repayment of Costs for the Construction of Flanders Mill Road (Kukulski) ffl a 07:51:27 PM (02:53:14)Staff Presentation City Manager Kukulski noted that this agreement has already been approved by the School District 7 board. 07:52:17 PM (02:54:04)Questions of Staff There were no questions of staff. Page 12 of 17 Bozeman City Commission Minutes,March 20,2017 07:52:25 PM (02:54:12) Public Comment There was no public comment. 07:52:32 PM (02:54:19)Motion to approve the Interlocal Agreement between Bozeman School District 7 and the City of Bozeman for the repayment of costs far the construction of Flanders Mill Road Commissioner"-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 07:52:42 PM (02:54:29) Discussion CR Mehl appreciates BSD7's cooperation. DM Andrus also supports. CR Krauss stated that this piece benefits the school district. j CR Pomeroy also thanked he school district. Mayor Taylor stated this cooperation serves the taxpayers. R 07:55:03 PM (02:56:50) Vote on the Motion to approve the Interlocal Agreement between Bozeman School District 7 and the City of Bozeman for the repayment of costs for the construction of Flanders x Mill Road. The motion passed 5-0. Commissioner-Chris Mehl: Motion DeputV Mayor-Cynthia Andrus: 2nd DeputV Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 6. 07:55:14 PM (02:57:01) Authorize City Manager to Sign the Payment and Repayment Agreement with Flanders Mill, LLC for the Westside Construction Project (Woolard/Sullivan) I 07:55:34 PM (02:57:21)Staff Presentation City Attorney Sullivan discussed the two components of the agreement. City Manager Kukulski noted R that the prices included are not estimates, but construction costs. 07:57:19 PM (02:59:06)Questions of Staff There were no questions of staff. �[ i 07:57:23 PM (02:59:10) Public Comment Page 13 of 17 Y S' 1. Bozeman City Commission Minutes,March 20,2017 There was no public comment. 07:57:42 PM (02:59:29)Motion to authorize the City Manager to sign the Payment and Repayment Agreement with Flanders Mill,LLC for the Westside Construction Project. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 07:57:52 PM (02:59:39) Discussion CR Mehl thanked the developer for working with the City. DM Andrus also thanked the developer. 07:58:43 PM (03:00:30) Vote on the Motion to authorize the City Manager to sign the Payment and Repayment Agreement with Flanders Mill,LLC for the Westside Construction Project. The motion passed 5-0. Commissioner-Chris Mehl: 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:Approve 7. 07:59:06 PM (03:00:53)Appointment to the Audit Committee(Michalson) G� 07:59:12 PM (03:00:59)Motion to reappoint Peter Ohman to the Audit Committee[with an updated term of March 1,2019]. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 07:59:29 PM (03:01:16) Public Comment There was no public comment. 07:59:39 PM (03:01:26) Vote on the Motion to reappoint Peter Ohman to the Audit Committee[with an updated term of March 1,2019]. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Page 14 of 17 Bozeman City Commission Minutes,March 20,2017 Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 8. 07.59:51 PM(03:01:38)Appointments to the Fire Code Board of Appeals (Michalson) 07~.4- 07:59:57 PM (03:01:44)Motion to appoint Shannon Foley and John Thorn to two positions with updated terms ending December 31, 2019,Josh Wanago to a position with an existing term ending December 31,2017,and Brenda York to one position with an existing term ending December 31,2018,[to the Fire Code Board of Appeals]. i Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd ' 08:00:21 PM (03:02:08) Public Comment There was no public comment. { 0 t 08:00:27 PM (03:02:14) Discussion CR Mehl stated he supports these applicants upon direction of the Fire Chief. CR Krauss stated he wasn't sure who the liaison was. 08:01:28 PM (03:03:15) Vote on the Motion to appoint Shannon Foley and John Thorn to two positions with updated terms ending December 31,2019,Josh Wanago to a position with an existing term ending December 31,2017, and Brenda York to one position with an existing term ending December k 31,2018, to the Fire Code Board of Appeals. The motion passed 5-0. Commissioner-Chris Mehl: Motion "3 Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus: Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- 1-Ho Pomeroy:Approve 9. 08:01:47 PM (03:03:34) Legislative Update (Kukulski) ° a 08:01:57 PM (03:03:43)Staff Presentation City Manager Kukulski noted that the House Transportation Committee did pass the Transportation Safety Act. He noted who the "no"votes and the "yes"votes were. He also provided updates of the a status of a number of other bills including TIF legislation,water rights, and others. Page 15 of 17 Bozeman City Commission Minutes,March 20,2017 08:12:26 PM (03:14:13) Questions of Staff CR Pomeroy asked if the City has been able to purchase water rights in past years. Mayor Taylor also asked about the texting while driving in municipalities bill. 08:16:10 PM (03:17:57) Recess The Commission called a recess until 8:25 PM. 08:25:41 PM (03:27:28)Call to Order Mayor Taylor called the meeting back to order at 8:25 PM. H. 08:25:41 PM (03:27:28) Executive Session 1. City Manager Evaluation 08:25:49 PM (03:27:36)City Manager Privacy Request City Manager Kukulski requested that the meeting be a closed session and asserted his privacy interest. 08:26:16 PM (03:28:03) Public Meeting Closed Mayor Taylor closed to the public this portion of the meeting pursuant to Sect. 2-3-203(3), MCA,finding that discussion relates to a matter of individual privacy, determining that the demands of the individual's privacy clearly exceed the merits of public disclosure. A separate set of minutes have been prepared for the Executive Session. I. 09:14:00 PM FYI/Discussion • CR Krauss noted an upcoming transportation meeting he'd like to see. J. 09:16:00 PM Adjournment Mayor Taylor adjourned the meeting at 9:16 PM. Carson Taylor Mayor Page 16 of 17 Bozeman City Commission Minutes,March 20,2017 ATTEST: ♦ Ate. y�'• ° 'Robin Crough City Clerk `9 TIN C�. PREPARED BY: Robin Crough City Clerk Approvedon:�P�II, Page 17 of 17