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HomeMy WebLinkAbout04-10-17 City Commission Minutes 4 so2 �► U �'L N CD.0 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,April 10, 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:Acting City Manager Chuck Winn,Assistant City Attorney Karen Stambaugh, and Deputy City Clerk Pearl Michalson A. 05:59:58 PM (00:00:48)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. 06:00:07 PM (00:00:57) Pledge of Allegiance and a Moment of Silence C. 06:01:03 PM (00:01:53)Changes to the Agenda There were no changes to the agenda. D. 06:01:38 PM (00:02:28)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) _M 2. Approve a Beer and Wine License for 14 North, of Bozeman, Montana to Sell Liquor at 14 North Church Street (Pitcher) 01LL'a 3. Approve the Westbrook Major Subdivision Phases 2-4 Final Plat and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, Authorize the Director of Community Development to Execute the Associated Improvement Agreements, and Authorize the Acting City Manager to Execute the Public Access Easement,Application 16525 (Saunders) "I"p 4. Approve the Request for Cash-in-lieu of Parkland Dedication for the McChesney Work-Live Site Plan, Located at 623 Nikles Drive,Application 17115 (Quasi-Judicial) (WerBell) ~C:3 Page 1 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 5. Authorize the Acting City Manager to Sign the Justice Assistance Grant Application through the Montana Board of Crime Control (MBCC) for $6,200.00 for Purchase of Five Tasers and Related Accessories (McLane) , a 6. Authorize the Acting City Manager to Sign the Notice of Award to Omdahl Excavation & Utilities, Inc.for the 2017 Olive and Church Street Reconstruction Project(Gamradt) ., a 7. Authorize the Acting City Manager to Sign the License Agreement for the Use of City Conduit between the City of Bozeman and Blackfoot Communications, Inc. (Fine) M! a 8. Authorize the Acting City Manager to Sign Task Order Number 11 with DOWL for the Right of Way Acquisition Project for Parcels on Baxter Lane between 7th Avenue and 19th Avenue (Murray) 0! a 9. Authorize the Acting City Manager to Sign the Second (and Final) Addendum to the Professional Services Agreement with Sprout, Inc.for City Median and Grounds Maintenance Services for 2017 (Van Delinder) 7 a 10. Resolution 4795, Confirmation of Police Officers (Crawford) , a 11. Resolution 4796, Declaring the Intention of the City of Bozeman to Give its Obsolete Crack- Sealing Machine to the Gallatin County Road Department (Van Delinder) , a 06:01:48 PM (00:02:38) City Manager Overview Acting City Manager Chuck Winn gave an overview of Consent Items 1-11. 06:05:48 PM (00:06:38) Public Comment There was no public comment. 06:05:57 PM (00:06:47)Motion and Vote to approve Consent Items 1-11 as submitted. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: 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 E. 06:06:40 PM (00:07:30) Public Comment 06:07:30 PM (00:08:20) Point of Order Commissioner Krauss stated that we were in the middle of a continued public hearing and asked if we were taking public comment,the Mayor stated yes. 06:08:10 PM (00:09:00)Heather Dishaso,Public Comment Page 2 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 Stated that her family lives here and has recently became homeless when given noticed that the owners of the home that she was renting from for the last 7 years decided to renovate. They are on the waiting list for MSU family housing that would not be available until May. They have applied for assistance and asked the police for suggested who stated that they should try camping in the mountains or go to Walmart. Camping in Walmart is only for one night and the local camp ground would not be open until May,so they camp in Bozeman. For others that may be in a similar situation she wanted to know where in Bozeman they could be. 06:10:28 PM (00:11:18)Sierra Sky,Public Comment Stated that her family needed help to try and find a place to stay. She stated that all the homeless people need help and that she believed planet earth was for everyone. 06:11:11 PM (00:12:01)Kate Bryan,Public Comment Kate stated that making big decisions were tough. She talked about the B3 design guidelines which were there to protect homes in the historic district. The current guidelines were created in a rush process. The maximization goes to developers. The property owners should not have undue burden because of these guidelines. 06:14:35 PM (00:15:25)Randy Peters,Public Comment Stated that Bozeman had many plans. All citizens and state holders must be represented.We should not rush into the future without taking enough time.We must take the time now to get it right for the future. 06:16:37 PM (00:17:26)Lisa Kirk,Public Comment Bozeman was growing at 4%a year and as a community we are struggling to have a vision for growth. Asked how the 2015 decision to minimize public"collaboration"and set a hard boundary on B-3 NCOD decisions reflect these values. Ms. Kirk asked why the city would proceed with role making to effect the use and value of owner's properties without notifying the home owners. Ms. Kirk stated that changes have been made without the input of the citizens or neighbors. Property owners need to be involved in the process of changes. The financial interest of the developers had gone ahead of the interest of the citizens. 06:19:59 PM (00:20:49)Charlie West Public Comment Stated that he recently attended the R/UDAT meeting and while he was encouraged by the turn out, he stated that we need to figure out where all the new people will live,work and shop. He stated that midtown is clearly right for development and that programs such as parking and car sharing needed to happen so that people have many options in transportation and getting around. He asked the commission to consider connectivity and try not to cram so many cars and people into such a short space. F. 06:23:21 PM (00:24:10)Action Items Page 3 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 1. 06:23:52 PM (00:24:42) The 2017 Cresent Cross Annexation and Zone Map Amendment, Generally Located Southeast of Huffine Lane and South Cottonwood Road,Application 17032 (WerBell) `" a 06:23:56 PM (00:24:45)Staff Presentation Mitch WerBell gave a presentation on the Cresent Cross annexation and entered his staff report into the record. This property located southeast of Huffine Lane,and south cottonwood road stated that this was approximately 28 acres and currently vacant on subdivided agricultural land. The applicant requested R- 5 zoning(residential mixed use property that would be high density).Conditional uses,options,and retail were discussed. The primary differences between R-3 and R-4 was discussed (heights of 10 foot allowances and additional lot coverage). The additional right of way and shared use pathway was discussed. Water and Sewer truck mains would be extended. The zone findings were found to be favorable.The DRC recommended approval of this. 06:30:17 PM (00:31:07)Questions for Staff DM Andrus asked if this was an opinion of the staff that all connectivity such as water, sewer, and transportation were things were met so that we do not do additional infrastructure pieces in the future because of where this particular property was located.Staff stated that this was correct. CR Krauss asked if they needed water hook ups. Staff stated yes. Commissioner Krauss also asked if the developers would be on the hook for these charges.Staff stated no. CR Pomeroy asked if it was a good road/power/sewer system. Staff stated that it was. Mayor Taylor asked if you go east from the blue line, how far until we get to the city again. Staff stated probably another half a mile. CR Mehl asked how this would apply to the growth policy. 06:35:34 PM (00:36:24)Applicant Presentation Chris Budeski, with Madison Engineering was there on behalf of the applicant. This land would be designated for land use development. He stated that this land was designated for residential development and felt that it was appropriate to have the higher density. Being on Arterial Streets, at a signalized location on Huffine made it god location for access to traffic. Main extensions for the sewer and water would happen.There were a number of waivers that the applicant would have to sign to pay for impacts that this property may have in future for a number of intersections and roads that would serve this property. High and Low density was discussed. This would be another opportunity to provide additional housing that we desperately need. The staff report was viewed and they were in agreement with all the findings and conditions of approval. 06:39:05 PM (00:39:54)Questions of Applicant CR Mehl asked about the advisory comments in the staff report that depending on how they build could result in serious money by the applicant. The applicant stated he did see those comments and explained in detail reasons why.The applicant talked about creating some sort of payback district so that as people developed to the south,that person would get payback for a portion of that capacity. Page 4 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 CR Pomeroy asked if R-5 would have affordable housing in that area.The applicant stated that it depended on who would develop the property in the area. They would comply with whatever ordinance would be in effect at that time. 06:41:07 PM (00:41:57) Public Comment There was no public comment. 06:41:22 PM (00:42:12) 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 17032 and move to approve the 2017 Cresent Cross Annexation with the recommended terms of annexation and direct staff to prepare an annexation agreement for signature by the parties. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 06:41:51 PM (00:42:40) Discussion CR Krauss stated that the city met the community plan. A few of the concerns that were stated was that this was a large size to put in R-5. The challenge to whomever designed this would be mixed use. It's carrying a significant load now. He liked that it was on the south side of Huffine.This was a good area to grow in.There may be some isolated county pockets but it was well within in the city limits. CR Mehl stated that the case has been well made for this previously and would support this. CR Pomeroy stated that we had very good roads and a power system.The city talks a lot about affordable housing and this was something that we need. Mayor Taylor stated that this was part of filling up the gaps to the east. 06:48:38 PM (00:49:28) 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 17032 and move to approve the 2017 Cresent Cross Annexation with the recommended terms of annexation and direct staff to prepare an annexation agreement for signature by the parties. 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 06:48:52 PM (00:49:42) Motion that having reviewed and considered the staff report, application materials, public comment, the deliberations and recommendation of the Zoning Commission at the Page 5 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 March 21,2017 public hearing, and all information presented,I hereby adopt the findings presented in the staff report for Application 17032 and move to approve the 2017 Cresent Cross Annexation Zone Map Amendment with contingencies required to complete the application processing. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 06:49:03 PM (00:49:53) Discussion CR Krauss stated that this was a big chunk of R-5 which was intended to be infill.The applicant would be on the hook for some commercial and he does not believe that a site plan would not able to allow for a monolithic R-5 development. CR Mehl supported this and agreed that since there are two major roads that it would make sense to have density in this area. He also saw that there would be a large amount of commercial that would have a node there which would be helpful.The buffer was also agreed with as well. DM Andrus could not agree more that when she envisioned this area, she envisioned a lot of housing choices. It would also provide a lot of opportunity. CR Mehl mentioned that R-5 has a minimum density that was quite high. Mayor Taylor agreed with what has already been said.Just because it is R-5 doesn't mean something.This statement was left out there for people to contemplate. 06:53:00 PM (00:53:50) Vote that having reviewed and considered the staff report, application materials, public comment, the deliberations and recommendation of the Zoning Commission at the March 21,2017 public hearing, and all information presented, I hereby adopt the findings presented in the staff report for Application 17032 and move to approve the 2017 Cresent Cross Annexation Zone Map Amendment with contingencies required to complete the application processing. 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 2. 06:53:19 PM (00:54:09)West Winds Phase 7 and 8 Major Subdivision, Change to Preliminary Plat Condition of Approval Number 17, Located Northwest of Tschache Lane and Hunters Way,Application P14063 (Quasi-Judicial) (Saunders) 'a 06:54:23 PM (00:55:13)Staff Presentation Page 6 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 Chris Saunders stated that this was a modification of condition to application P14063. He noted that the proposed changes would not add any changed lots.About 50 lots would be included to this. It was looking to make modification and clarify how to satisfy the required contribution to an improvement and also address the timing and issuance of building permits. The original condition of approval gave the owners direction to make improvements to their frontage up to the point where is intersected with the city's improvements to Baxter and Davis intersection. The crux of the issue was due to the inhibition on the city's ability to move forward on the road way. After talking with engineering and public works, staff revised the condition language to identify their(applicant) participation,the method, and cost estimate. This was noticed and was a not a standard notice.The DRC did suggest approval of this. Staff believes it is appropriate to go forward with this. This will be brought back next week for action if this was approved this evening. 07:01:55 PM (01:02:44)Questions of Staff CR Pomeroy asked assistant attorney Tim Cooper, how much the developer owed the city for improvement and asked if the applicant was going to pay all of it before or after. Staff stated that all would come in at a single point of time before the final plat and the applicant agreed to pay. DM Andrus asked about the content of the email and what was being proposed tonight and the differences. Tim Cooper stated that they may not have previously been able to make the condition but there were alternatives given to allow the person to provide a change in the condition to meet the standard conditions. CR Mehl asked if this was a one-time event. Staff stated that their only concern would be having improvements constructed. His only concern with the attorney was with the final sentence.The staff and the commission discussed the revised language. CR Krauss asked about the "all improvements" in the language and asked what it meant. Clarification of the "all improvements"was given. Bob Murray, from the engineering department, stated that at the time that the preliminary plat was approved,there was an interim which was a part of the design and they didn't want the applicant doing some work and the city trying to piecemeal it together. CR Krauss asked if we finished the original road plan. Bob Murry went into detail of the intersection project and the history of it. Tim Cooper stated when they got preliminary plat approval it did not originally included the intersection. CR Mehl asked where the word "all improvements"was located in the revised motion. Mayor Taylor asked about the safety implications of delaying this further to which Bob Murray responded in detail. Mayor Taylor asked if the reason the city can't do the whole project at this time was due to other circumstances and so are we adding safety implications by delaying this part until all of it can be done at the same time.Staff responded in detail. DM Andrus asked the assistant City Attorney, Tim Cooper about the difference between the suggested revision which staff was discussing and why do we need to look at the revised motion. CR Krauss asked why not just let the developer build this. Staff stated that there were sections that were built by too many different developers.They would rather build it all under one piece. 07:19:52 PM (01:20:41)Applicant Presentation Page 7 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 Clint Lidle, Engineer with Dowl stated that he agreed with the staff report and they relied on the information they received from engineering to pay their local share.They wanted to work with the city the way that this was presented to them. 07:21:20 PM (01:22:10)Questions of Applicant CR Pomeroy asked about how many homes could be built.The applicant stated that these were 60 single family lots that could be geared toward affordable housing. 07:21:57 PM (01:22:47) Public Comment There was no public comment. 07:22:14 PM (01:23:04)Motion that having reviewed and considered the application materials,public comment,and all the information presented,I hereby adopt the findings presented in the memo for application P14063,find that changes beyond the control of the developer have rendered the existing condition wording unnecessary, and move to revise Condition Number 17 of the West Winds Phase 7 and 8 Preliminary Plat application. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 07:23:14 PM (01:24:04) Discussion CR Pomeroy stated that this delay was not the developers fault and that they wanted to pay for their fair share.She would support this.The applicant stated that if this was approved,these lots could be used for affordable housing which the city of Bozeman needs. DM Andrus was not interested in delaying this project but would like to see more sidewalk near Baxter lane. CR Krauss stated that it was the cities desire that this happen. He would not like to give ourselves a waiver to put a sidewalk in. To say yes would allow a dangerous corner where another 60 houses exist. He felt that voting for the motion, meant that all that was in the motion would stay in there. Something that we say now is that we need to complete the stretch. Once there are 60 homes in there, he would really like a sidewalk in there and felt that it was the city's responsibility. Cr. Krauss would like a sidewalk. CR Mehl stated that there should be two motions.This one and another to tell the city to put in a sidewalk. Mayor Taylor asked if this motion should be amended to include the intersection of Davis and Baxter. If we allow this to get built without a sidewalk,there is a safety issue. CR Mehl would ask for input before votes. 07:33:38 PM (01:34:28) Vote that having reviewed and considered the application materials,public comment,and all the information presented,I hereby adopt the findings presented in the memo for application P14063,find that changes beyond the control of the developer have rendered the existing condition wording unnecessary, and move to revise Condition Number 17 of the West Winds Phase 7 and 8 Preliminary Plat application. The motion passed 5-0. Page 8 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 Commissioner-Chris Mehl: 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 07:34:01 PM (01:34:51)Motion that the city install a sidewalk[coordinated to or prior to the building of houses]. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 07:34:10 PM (01:35:00) Discussion Mayor Taylor asked if there was a time on that could we coordinate it with the occupancy of houses. CR Mehl stated that he wanted this in conjunction with to or prior to the building of the houses.The staff should work with the developer. Mayor Taylor stated that it would be smart to put this in prior to the houses. CR Krauss stated that there would be an expense and this would have to be a safe transitional period. The issue of timing was discussed in detail. DM Andrus stated that this was an exception Mayor Taylor stated that he appreciated the balance that they are trying to meet between the developer and the city. 07:38:54 PM (01:39:44) Vote that the city install a sidewalk[coordinated to or prior to the building of houses]. The motion passed 5-0. Commissioner-Chris Mehl: 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 07:39:13 PM (01:40:03)Commission Recess Mayor Taylor called for a commission recess until 10 minutes to 8. 07:51:24 PM (01:52:14)Call to Order Mayor Taylor called the meeting back to order. Page 9 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 3. 07:51:28 PM (01:52:18) Authorize the Acting City Manager to Sign the Notice of Award to Montana Civil Contractors, Inc. for the 5.3 Million Gallon Water Storage Reservoir Project (Murray) }a 07:52:05 PM (01:52:55)Staff Presentation Bob Murray from engineering gave a presentation on the notice of award for Montana Civil Contractors. Engineering gave a brief history of the water facility plan. Based on the population projections from the past, it was projected that the city would need water storage by 2017.The last storage facility was built in 1985.The project once approved would be a 10 month construction period and would not be online until 2018.The sizing requirements are dictated by the department of environmental quality. Information about the consultant was discussed in detail. 07:57:47 PM (01:58:36)Questions for Staff CR Pomeroy asked if this was the lowest BID and Bob Murray stated that was correct. How are we going to use the water tank?Staff stated that there would be a reserve there so that you would not have to use the water from the water plant. Where is the other money coming from? DM Andrus asked how far in the future this would meet the demands.Staff stated that he would have to double check. Staff stated that this would put us way out into the future CR Krauss asked if this replaced new sources of water and if this would store water for fire and drought. Staff stated that this would. 08:02:38 PM (02:03:28) Public Comment There was no public comment. 08:02:45 PM (02:03:35)Motion to authorize the Acting City Manager to sign the Notice of Award to Montana Civil Contractors, Inc.for the Total Base Bid in the amount of$7,665,349.00. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:03:12 PM (02:04:01) Discussion CR Pomeroy supported this motion because the city population was growing and this was required by the Department of Environmental Quality. DM Andrus stated that this has been in plan since 2009 and she would be supporting the motion. CR Krauss stated that we have seen the need for this kind of storage with the explosion in 2009.This helps with drought a little bit but was unsure if it alleviated the need to create new water sources. Mayor Taylor stated that this would give us a little more leeway and storage capacity to know how much water we would need and not waste water.This was a good step forward and he was glad we were making it. 08:06:03 PM (02:06:53)Vote to authorize the Acting City Manager to sign the Notice of Award to Page 10 of 20 Bozeman City Commission Meeting Minutes,April10,2017 Montana Civil Contractors,Inc.for the Total Base Bid in the amount of$7,665,349.00. The motion passed 5-0. Commissioner-I-Ho PomeroV: Motion DeputV Mavor-Cynthia Andrus:2nd Deputy Mavor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho PomeroV:Approve 4. 08:06:05 PM (02:06:55)Resolution 4788,Relating to$7,573,000 Water System Revenue Bond (DNRC Drinking Water State Revolving Loan Program), Taxable Series 2017; Authorizing the Issuance and Fixing the Terms and Conditions Thereof(Rosenberry) 07 a 08:06:47 PM (02:07:37)Staff Presentation Anna Roseberry, Assistant City Manager stated that the water fund would need to secure the loan and that this was a revenue bond to cover the loan.We would have to establish a loan reserve.We would be paying for construction cost between the construction and the impact fees. Fiscal effects of this loan was discussed with the State. Whatever is not needed would not be borrowed. 08:11:33 PM (02:12:22)Questions of Staff CR Mehl asked about the 1.2 million debt service referenced in the projected cost.Staff responded in detail. CR Krauss asked about for clarification on the water impact fees and the contingency amount.Staff responded in detail. Clarification with the debt service payment was asked about as well. CR Pomeroy asked about annual payments. How did the interest rates obtained. Staff stated that those were rates that were in the program. 08:23:57 PM (02:24:47) Public Comment There was no public comment. 08:24:07 PM (02:24:57)Motion to approve Resolution 4788,Relating to$7,573,000 Water System Revenue Bond(DNRC Drinking Water State Revolving Loan Program), Taxable Series 2017; Authorizing the Issuance and Fixing the Terms and Conditions Thereof. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Jeff Krauss:2nd 08:24:33 PM (02:25:23) Discussion Page 11 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 DM Andrus stated that we have established a need for this and have the money in the impact fees to pay for some of it under the terms of this project She would be supporting the motion CR Krauss stated that we have a demonstrated record of maintenance. For 15 years now we have a demonstrated record of maintenance for infrastructure all paid as we go. He endorsed barrowing money to do what we have planned for since 2005. We have a well-planned and well-funded organization for taking care of our infrastructure here in Bozeman. CR Mehl would be supporting this. CR Pomeroy would be supporting this. 08:28:47 PM (02:29:37) Vote to approve Resolution 4788,Relating to$7,573,000 Water System Revenue Bond(DNRC Drinking Water State Revolving Loan Program), Taxable Series 2017; Authorizing the Issuance and Fixing the Terms and Conditions Thereof. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: 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 5. 08:29:06 PM (02:29:56) Resolution 4792, Adopting Findings of Blight and Establishing the Necessity of Rehabilitation and Redevelopment of the North Park Area (Fontenot) ". a 08:29:33 PM (02:30:23)Staff Presentation Brit Fontenot stated that an investment in infrastructure was a mechanism to drive economic development. A brief history of the Mandeville farm to now was given and discussed. Brit discussed the Urban Renewal Districts the different types and flexibility as well as the economic development districts. Blight, its definition was given and the conditions that were found at the North Park Area. 08:37:59 PM (02:38:48)Questions of Staff CR Mehl asked for clarification if the commission was deciding if conditions of blight exist. Staff Agreed that that was true. Clarification of what "improving the morals" in the motion was used and why was discussed in detail with staff. DM Andrus asked about establishing conditions of blight why would we think about doing something different? Staff stated that this had been established since 2008. Staff gave an explanation and a run down about the purpose behind it. CR Pomeroy talked about the word moral as well and asked for further clarification. Staff stated that the word was what was in the state statute. 08:45:34 PM (02:46:24) Public Comment Page 12 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 08:45:39 PM (02:46:29)Brett Hazer, Public Comment A representative DNRC trust lands,stated that they wanted to support this motion and was excited about bringing this property to its full potential in the future. 08:45:59 PM (02:46:49)Daryl Schliem,Public Comment CEO of the Bozeman Chamber of Commerce and chair of the economic development council asked the commission to please approve this.This would be a great asset for us for the future of manufacturing and also give us a lot more versatility. 08:46:55 PM (02:47:44)Motion to approve Resolution 4792,adopting the findings regarding the existence of conditions of blight within the North Park area of Bozeman provided in the Statement of Blight, and hereby declare that such areas of blight exist and that the rehabilitation,redevelopment, or a combination thereof of the area is necessary and in the interest of the public health,safety, morals, or welfare of the residents of Bozeman. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 08:47:36 PM (02:48:26) Discussion CR Krauss would not be voting to support this motion.This property is what it is and we have Greenfield development everywhere.This was not significantly different than any other place. When we try to do what others have done, in comparison to what we have just annexed there does not seem to be any exceptional conditions to categorize this as having a statement of blight. CR Mehl would be supporting this because we have designated this for a long time for this kind of commercial use and was interested in the next steps to put this into place. CR Pomeroy stated that she would support this motion and felt that this was different than other projects. DM Andrus stated that she would be supporting this and that it was great to have this opportunity.The conditions for blight have been met on this property. Mayor Taylor stated that he would be voting for this because this was a valuable tool particularly for this particular property and the conditions of blight had been met. 08:55:29 PM (02:56:19) Vote to approve Resolution 4792, adopting the findings regarding the existence of conditions of blight within the North Park area of Bozeman provided in the Statement of Blight, and hereby declare that such areas of blight exist and that the rehabilitation,redevelopment, or a combination thereof of the area is necessary and in the interest of the public health,safety, morals, or welfare of the residents of Bozeman. The motion passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Page 13 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 6. 08:55:48 PM (02:56:37) The Costco Annexation and Zone Map Amendment, Generally Located to the North of the Existing Costco Warehouse at 2505 Catron Street, Application 17067 (Saunders) ml,.P 08:56:28 PM (02:57:17)Staff Presentation Chris Saunders, policy and planning manager for community development gave a presentation of annexation and new zone request.Staff addressed the amended motion that was handed out to the commission. B-2 zoning was asked to be annexed into the parcel.The DRC does recommend approval. 08:59:40 PM (03:00:30)Questions of Staff CR Mehl asked if streets,trees,wetland and or waterway was squared away. 09:00:06 PM (03:00:55)Applicant Presentation Steve Bullock of MG2 stated that he agreed with everything that was in the staff report and he was fine with the conditions of approval.They sated that Costco wanted to be able to expand their warehouse in order to keep up with the growth of Bozeman. In this case,Costco would be willing to close sooner and get the PUD approved. 09:04:02 PM (03:04:52)Questions of the Applicant Mayor Taylor stated that he was wondering about the level of certainty that the applicant was asking of the commission. 09:04:54 PM (03:05:43) Public Comment There was no public comment. 09:05:01 PM (03:05:51)Questions of Staff CR Mehl asked staff if they agreed with the 60 day time frame.Staff stated that the biggest time crunch would be right of way acquisition.They could do an easement that was not annexed as well. The concept plan review could take up to 6 weeks. Formal application could take up to 10-12 weeks. Another alternative was discussed. 09:09:01 PM (03:09:51) 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 17032 and move to approve the Costco Annexation with terms and direct staff to prepare an annexation for signature by the parties to include an additional term of annexation address Policy 1, Commission Resolution 4400 to read "The applicant must dedicate right away to Page 14 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 provide an easement for Catamount Street consistent with a minor arterial classification where adjacent to the parcel as a condition of annexation. Related to this item, the applicant must provide a temporary construction easement for any realignment of the watercourse and the associated infrastructure upon construction of the Catamount Street upgrade. The applicant must provide this item as a condition of annexation." Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 09:10:40 PM (03:11:30) Discussion CR Mehl would support this with the 60 days. It met all the criteria. CR Krauss stated that he would rather have 6 months instead of 60 days. Mayor Taylor would support 6 months also. 09:14:53 PM (03:15:43) 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 17032 and move to approve the Costco Annexation with terms and direct staff to prepare an annexation for signature by the parties to include an additional term of annexation address Policy 1, Commission Resolution 4400 to read "The applicant must dedicate right away to provide an easement for Catamount Street consistent with a minor arterial classification where adjacent to the parcel as a condition of annexation. Related to this item, the applicant must provide a temporary construction easement for any realignment of the watercourse and the associated infrastructure upon construction of the Catamount Street upgrade. The applicant must provide this item as a condition of annexation."The motion passed 5-0. Commissioner-Chris Mehl: 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 09:15:06 PM (03:15:56)Motion to alter recommended term of annexation number 6, as well as policy 11 in the terms of annexation to read six months,rather than 60 days. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy:2nd 09:15:31 PM (03:16:21) Public Comment There was no public comment. Page 15 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 09:15:28 PM (03:16:18) Discussion CR Mehl stated that he would not discuss the PUD. He felt that a half year would work and it was an appropriate amount and should be more than enough time. CR Krauss stated that we have prior experience with them and he has no problem doing this. DM Andrus would also support this motion because it is within the context and content of the motion Mayor Taylor would be voting on the motion. 09:18:23 PM (03:19:13) Vote to alter recommended term of annexation number 6,as well as policy 11 in the terms of annexation to read six months,rather than 60 days. The motion passed 5-0. Commissioner-Chris Mehl: 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 09:19:10 PM (03:20:00) 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 17067 and move to recommend the City Commission approve the Costco Zone Map Amendment with contingencies required to complete the application processing. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 09:19:34 PM (03:20:24) Discussion CR Mehl the zoning was more than appropriate for the area and these were the kind of buildings that went into this area. 09:20:05 PM (03:20:55) Public Comment There was no public comment. 09:20:19 PM (03:21:09) Discussion Continued CR Pomeroy supports this because it was near the interstate. 09:20:30 PM (03:21:20) 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 17067 and move to recommend the City Commission approve the Costco Zone Map Amendment with contingencies required to complete the application processing. The motion passed 5-0. Page 16 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 Commissioner-Chris Mehl: 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 7. 09:21:01 PM (03:21:50) Resolution 4784, Establishing Criteria for Evaluation of Requests for Cash-in-lieu of Parkland and Construction of Improvements-in-lieu of Parkland (Saunders) =G 09:21:11 PM (03:22:01)Staff Presentation Chris Saunders, Policy and Planning Manager for Community Development, gave a presentation on the criteria for evaluation of requests for Cash-in-Lieu. Three out the last three nights there had been Cash- in-lieu requests. Four sections that staff went over were the review factors of cash-in-lieu, definitions, guidance for applying factors,and improvements-in-lieu.This would increase the certainty for everybody participating in the process, make sure that the resolutions matched the priorities, and there was a definition of infill given. It would not state that one factor would be more important than another. All would be equally weighted.It would not change development standards nor would it bind the commission to take any particular action with any specific application. 09:24:03 PM (03:24:52)Questions of Staff CR Pomeroy asked if this gives the city more flexibility to do housing what this means to developers versus what the city wants was discussed. 09:26:28 PM (03:27:18) Public Comment There was no public comment. 09:26:41 PM (03:27:31)Motion that having reviewed and considered the staff memorandum,public comment, and all information presented, I hereby move to approve Resolution 4784 to establish criteria for evaluation of requests for cash-in-lieu of parkland and construction of improvements-in- lieu of parkland. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd 09:27:06 PM (03:27:56) Discussion CR Pomeroy stated that this was a very good idea and that she would be supporting Page 17 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 DM Andrus stated that when there was an opportunity for a developer to pay cash-in-lieu it clarifies what that means to the developer. CR Krauss stated that he would vote no because over the years we might want to incorporate a bit of humanity here and there. He felt that staff did a great job. CR Mehl stated that we would be open to discussing the UDC but supported the motion. Mayor Taylor asked if this changed the cash-in-lieu. Cr. Mehl gave clarification and stated that either we repair it later or repair it now. CR Krauss wanted to make sure that it was on the record that the staff consider that there are small spaces that are parks which were the responsibility of the city. Assistant City Attorney, Karen Stambaugh stated that the commission needed to look and see if this was a zone code amendment and not just a motion.Staff stated that this was what it states in the UDC. CR Mehl stated that the size was not included and clarified for the public that the commission was not talking about the size. 09:40:38 PM (03:41:28) Vote that having reviewed and considered the staff memorandum,public comment, and all information presented,I hereby move to approve Resolution 4784 to establish criteria for evaluation of requests for cash-in-lieu of parkland and construction of improvements-in- lieu of parkland. The motion passed 4-1. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 8. 09:41:01 PM (03:41:51) Removal of Citizen Advisory Board Members with Incomplete 2016 Ethics Training(Crough/Taylor) ~_a 09:41:12 PM (03:42:01) Mayor Presentation Mayor Taylor stated that the two people who did not do their training would be removed because they did not do the required ethics training. 09:42:32 PM (03:43:22) Public Comment There was no public comment. 09:42:39 PM (03:43:29)Motion to remove Daniel Doehring from the Northeast Urban Renewal Board with a term expiring July 31,2017, and Sandra Hodge from the Bozeman Tourism Business Improvement District with a term expiring on July 31,2017. Page 18 of 20 Bozeman City Commission Meeting Minutes,April 10,2017 Deputy Mayor-Cynthia Andrus: Motion Commissioner-Jeff Krauss: 2nd 09:42:56 PM (03:43:45) Discussion DM Andrus stated that we go to great lengths to do the ethics and believes this is the right thing to do. CR Krauss protecting the ethics program is important to follow the charter it is reasonable to expect them to go to the same training the commission goes through. CR Mehl the staff also has to do this training every year.This was an expectation and additional time was given to do this. It was more than appropriate to do this. CR Pomeroy agreed with this and stated that ethics training was very important with our staff. Mayor Taylor stated that in person training was more beneficial but understood why we mix it up. It was important to do ethics training. 09:47:42 PM (03:48:31) Vote to remove Daniel Doehring from the Northeast Urban Renewal Board with a term expiring July 31,2017, and Sandra Hodge from the Bozeman Tourism Business improvement District with a term expiring on July 31,2017. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: 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 9. 09:47:47 PM (03:48:36) Legislative Update(Andrus) 7.%a House Bill 473 was heard on April 71h there has been no action taken. There was a lot of talk of amendments to this bill though no votes had been taken. House Bill 339 Exempt Well Bill passed 2°d reading on the House floor.A third reading will be held on the 11th of April. House Bill 573 TIF Bill exempt schools from Mill Levey's after 15 years. No action was taken. These are three bills that the Commission were continuing to follow. G. 09:49:46 PM (03:50:35) FYI/Discussion 1. Mayor Taylor stated that there will be a special Commission Meeting at 6:00 PM tomorrow, the intention was to take public comment on none agenda items and exclude the agenda item that's coming forward.There were 15 items on a list that signed up and they would go first.Afterwards,the meeting would resume as normal. H. 09:52:20 PM (03:53:10)Adjournment Mayor Taylor adjourned the Meeting at 9:52 PM. Page 19 of 20 Bozeman City Commission Meeting Minutes,April z0,aoz7 Carson Taylor Mayor ATTEST: 13 O PREPARED BY: PeadMicha|son Deputy City Clerk Approved on: Page 2Oof2O