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Home My WebLink About08-07-17 City Commission Minutes G q'� THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,August 07,2017 Mayor-Carson Taylor: Present Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present Commissioner- I-Ho Pomeroy: Present Commissioner-Chris Mehl: Present Staff Present at Dais: Interim City Manager(ICM) Dennis Taylor,City Attorney(CA) Greg Sullivan, City Clerk Robin Crough, Deputy City Clerk Brenda Sweeney A. 06:00:57 PM (00:04:47)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. 06:01:08 PM (00:04:58) Pledge of Allegiance and a Moment of Silence C. 06:02:12 PM (00:06:02)Changes to the Agenda ICM Taylor introduced CA Sullivan,who stated that Judge John Brown issued a restraining order that addressed development under the NCOD guidelines. He stated the Black Olive application this evening cannot be heard. He recommended that the item be rescheduled to a date certain. CA Sullivan discussed when public comment could/should happen. Mayor Taylor stated the proclamation will be moved before the public comment. D. 06:05:27 PM (00:09:17) Minutes 1. Approve the Regular Meeting Minutes from June 5,June 26,July 10,July 17,and July 24,2017, Special Meeting Minutes from June 15 and June 22, 2017,and User Access to Linked Minutes t� 06:05:33 PM (00:09:23)Motion and Vote to approve the combined City Commission Minutes from June 5,June 15,June 22,June 26,July 10,July 17,and July 24,2017, as submitted. The motion passed 5-0. Page 1 of 8 Bozeman City Commission Meeting Minutes,August 7,2017 Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve E. 06:06:04 PM (00:09:54)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) 2. Approve a Full Liquor License for Saddle Peak, LLC., of Bozeman, Montana to Sell Liquor at 5 West Mendenhall Street(Pitcher) _L: 3. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities and Depository Bonds as of June 30, 2017 (Clark) 45 4. Approve the Final Plat for the J&D Family, Phase 2 Subdivision Final Plat, and Authorize the Director of Public Works to Execute the Same on behalf of the City of Bozeman, Application 17277(Rogers) 7La 5. Authorize the Interim City Manager to Sign a Purchase Agreement with Municipal Emergency Services (MES) for Fire Department Self-Contained Breathing Apparatus, Breathing Air Compressors, and Thermal Imaging Cameras(Waldo) I"p 6. Authorize the Interim City Manager to Sign a Memorandum of Agreement with B.and M. Daly for Right-of-Way Purchase for Construction of Improvements to Baxter Lane between Flanders Mill Road and Cottonwood Road (Murray) 1-a 7. Authorize the Interim City Manager to Sign a Notice of Award to Central Excavation, Inc. for Construction of a Stormwater Sediment Management Waste Facility(Mehrens) a 8. Authorize the Interim City Manager to Sign Addendum 2 to the Professional Services Agreement with Solstice Landscaping LLC for Landscaping Services(Gray) 1-_ G. 9. Resolution 4835,Authorizing Change Order Number 3 with DLM Contracting,Inc.to the South University Area Sewer Main Interceptor and Water Main Extension Project(Murray) a 10. Resolution 4836,Approving the Guaranteed Maximum Price Amendment Number 4 with Dick Anderson Construction, Inc.for Bozeman Sports Park Phase One Utilities(Poissant) C� 06:06:08 PM (00:09:58) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-10. 06:09:48 PM (00:13:38) Public Comment There was no public comment. 06:10:18 PM (00:14:08)Motion and Vote to approve Consent Items 1-10 as submitted. The motion passed 5-0. Page 2 of 8 Bozeman City Commission Meeting Minutes,August 7,2017 Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve F. 06:10:33 PM (00:14:23) Mayoral Proclamation 1. Proclamation Regarding Domestic Violence Mayor Taylor read a proclamation regarding domestic violence. He asked representatives from HAVEN to accept the proclamation.He noted the work the City does to address domestic violence in the community. G. 06:14:40 PM (00:18:30) Public Comment Mayor Taylor opened public comment. 06:15:24 PM (00:19:14)Erin Shattauer, Public Comment Ms. Shattauer discussed the HAVEN group "End the Silence" and thanked the City's work.She discussed that the community needs to do more. 06:18:34 PM (00:22:24)Angie Quila,Public Comment Ms. Quila is a survivor, and discussed the support she received.She asked for community action and support. 06:20:00 PM (00:23:50)Kristin Glasheen,Public Comment Ms. Glasheen is a multi-generation survivor, and she discussed education on healthy relationships. 06:21:52 PM (00:25:42)Leanne Harbor, Public Comment Ms. Harbor discussed her survival story. She discussed shame. 06:22:52 PM (00:26:41)Daryl Behrent,Public Comment Mr. Behrent discussed that three minutes isn't enough for public comment, and asked the Commission to consider yielding time. 06:23:34 PM (00:27:24) Point of Clarification Mayor Taylor discussed public comment. CA Sullivan clarified that public comment cannot be considered on Black Olive II this evening. 06:26:02 PM (00:29:52)Clara Pinkus, Public Comment Ms. Pinkus stated that Bozeman needs to preserve the character of downtown and nearby Page 3 of 8 Bozeman City Commission Meeting Minutes,August 7,2017 neighborhoods.She asked the City to form a task force to address the issue of transitional zones. 06:28:27 PM (00:32:17)Julie Maxwell, Public Comment Ms. Maxwell stated she does not have a problem with building height, but with parking requirements. I. 06:32:09 PM (00:35:59)Action Items 1. 06:34:09 PM (00:37:59) A Preliminary Plat for Flanders Mill Phase 7 Major Subdivision to Modify an Existing Preliminary Plat, Subdividing 25.27 Acres into 26 Residential Lots, a Park, and Two Open Space Lots, and to Amend a Condition of Approval; Located East of Flanders Mill Road and North of the Alignment of Oak Street and is Legally Described as a Portion of Lot 1R-3, Flanders Mill Subdivision Phase 3,Application 17266(Quasi-Judicial) (Saunders) a 06:34:40 PM (00:38:30)Staff Presentation Policy and Planning Manager Chris Saunders presented the amendment to the portion of the originally approved subdivision in 2014.The new proposal aggregates a number of parcels. He made one correction in Condition 9 for a spelling mistake on Windrow Drive. He stated there has been no public comment, and staff and the Planning Board recommend approval. 06:40:30 PM (00:44:20)Questions of Staff Cr. Pomeroy asked why the applicant was requesting the condition be removed.She asked about the open space "u." Cr. Krauss asked if the center lozenge would be altered. Cr. Mehl asked how density would change with this application. Mayor Taylor asked who owns the land that the water would be directed to. 06:45:36 PM (00:49:26)Applicant Presentation Scott Bechtel,with Bechtel Architects, discussed the park and the importance of this phase in the subdivision, as well as the consolidation of the lots. 06:47:36 PM (00:51:26)Questions of Applicant Cr. Mehl asked if the applicant had seen and approved of the staff report. 06:47:58 PM (00:51:48) Public Comment There was no public comment. Page 4 of 8 Bozeman City Commission Meeting Minutes,August 7,2017 06:48:15 PM (00:52:05)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 17266 and move to approve the preliminary plat with conditions and subject to all applicable code provisions. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 06:48:42 PM (00:52:32) Discussion Cr. Pomeroy discussed the importance of the changes and supports the motion. Cr. Mehl discussed changing of the word Window to Windrow. 06:49:53 PM (00:53:43) Vote on the 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 17266 and move to approve the preliminary plat with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner- 1-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 2. 06:50:05 PM (00:53:55) Black Olive II Site Plan and Certificate of Appropriateness for 202 South Black Avenue,Application 17265 (Quasi-Judicial) (Krueger) _p 06:50:18 PM (00:54:08)Staff Presentation CA Sullivan suggested considering rescheduling this meeting to a date certain after this Friday. 06:50:48 PM (00:54:38)Motion to reschedule the Black Olive II meeting to October 31,2017 for discussion purposes. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 06:51:03 PM (00:54:53) Discussion Cr. Krauss asked the City Attorney when the discussion should happen. Mayor Taylor discussed date options, and that September 18th is the first date this can happen.The Commission and staff discussed further dates. 06:55:46 PM (00:59:36)Friendly Amendment to change the rescheduled date to October2,2017. Page 5 of 8 Bozeman City Commission Meeting Minutes,August 7,2017 06:56:11 PM (01:00:01) Public Comment Mayor Taylor opened public comment. 06:56:23 PM (01:00:13)Emily Tolego, Public Comment Ms.Tolego asked why the discussion could not be rescheduled until next week. 06:57:29 PM (01:01:19) Discussion Mayor Taylor stated that the City does not want to deter public comment if the item gets rescheduled. 06:58:19 PM (01:02:09) Vote on the Motion to reschedule the Black Olive Il meeting to October 2, 2017. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 3. 06:58:34 PM (01:02:24)Appointment(s)to the Board of Ethics(Crough) 7:!; 06:58:46 PM (01:02:36)Motion to appoint Mary Jane McGarity to a term expiring July 31,2019, and Melissa Frost to a term expiring July 31,2019 Ito the Board of Ethics]. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 06:59:05 PM (01:02:55) Public Comment There was no public comment. 06:59:11 PM (01:03:01) Discussion Cr. Mehl thanked recently resigned Chair Chris Carraway for his service, and thanked the two reappointments for their continued service. 06:59:46 PM (01:03:36) Vote on the Motion to appoint Mary Jane McGarity to a term expiring July 31, 2019,and Melissa Frost to a term expiring July 31,2019[to the Board of Ethics]. The motion passed 5- 0. Commissioner-Chris Mehl: Motion Page 6 of 8 Bozeman City Commission Meeting Minutes,August 7,2017 Commissioner-Jeff Krauss: 2nd Mayor-Carson Taylor: Approve Deputy MaVor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 4. 06:59:57 PM (01:03:47)Appointment(s)to the Northeast Urban Renewal Board (NURB) (Crough) C� 06:59:55 PM (01:03:45) Discussion Mayor Taylor asked if this item was a repeat from the previous meeting. City Clerk Crough clarified these were new applicants.Since the mayor did not speak with the new applicants he moved the item to the next meeting, Monday,August 14, 2017. 07:00:34 PM (01:04:24) Recess Mayor Taylor called for a short recess. 07:01:34 PM (01:05:24) Meeting Resumed Mayor Taylor resumed the meeting. J. 07:01:35 PM (01:05:25) FYI/Discussion • Paul Neubauer thanked the Commission for their work on Black Olive 11. • Cr. Mehl thanked Mr. Neubauer for his service on the Planning Board. K. 07:03:29 PM (01:07:19)Adjournment Mayor Taylor adjourned the meeting at 7:03 PM. Carson Taylor Mayor ATTEST: OF, B 02 • �_y�;? * Robin Crough . 1883 ,•��,= City Clerk Co.1`10, Page 7 of 8 Bozeman City Commission Meeting Minutes,August 7,2017 PREPARED BY: Robin Crough City Clerk Approved on: Page 8 of 8