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Home My WebLink About04-07-2014 Minutes, City Commission BOZ��A Vv aC THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES The minutes linked to the video for this meeting can be found here online. Monday,April 7,2014 Mayor- Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner- Chris Mehl: Present Commissioner- Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Table of Contents a A. 05:04:17 PM Call to Order—5:00 p.m. —Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 5:04 p.m. B. 05:04:28 PM Pledge of Allegiance and a Moment of Silence C. 05:05:44 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated that Action Item 1 has been requested to be continued to May 5t'per the Applicant. D. 05:06:32 PM Minutes—March 24, 2014 �a 05:06:36 PM Motion and Vote to approve the fninutes from March 24, 2014 as submitted Commissioner- I-Ho Pomeroy: Motion Commissioner- Cmthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta llor_Approve Commissioner- Chris Mehl: Approve Commissioner- Cmthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve Page 1 of 13 Bozeman City Commission Minutes, April 7, 2014 E. 05:06:59 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) K a 2. Authorize the Director of Public Works to approve the Amended Plat of Lot 1, Block 4, Meadow Creek Phase 1 Major Subdivision Final Plat, Application P14002 (Cooper) `i-a 3. Authorize the Director of Public Works to approve the South University District Phase I Minor Subdivision Final Plat, Application P14014 (Cooper) "�a 4. Authorize Cooperative Agreement between Bozeman Fire Department and the State of Montana, Department of Natural Resources and Conservation Central Land Office, Bozeman Unit (Shrauger) `! Ca 5. Authorize Findings of Fact and Order for the Amended Plat of Meadow Creek Phase 1 Major Subdivision Preliminary Plat, Application P13046 (Rogers) a 6. Ratify the City Manager's signature on a planning and local technical assistance grant application to the U.S. Economic Development Administration, U.S. Department of Commerce (Fine) `L a 7. Ratify the City Manager's signature on a Big Sky Trust Fund Category II Planning Project Grant Application(Fine) `�L a 8. Approve a special Beer and Wine Permit for Bridger Care to have a Non- Profit Fundraising Event (Goodwin) a 9. Approve Resolution 4518 to Donate Equipment from the old Water Treatment Plant to the Town of White Sulphur Springs, Rural Water and the Montana Department of Environmental Quality (Woolard) K a 10. Award Bid to Stahly Engineering & Associates Inc., for the Lindley Park Recreational Building Tier I Structural Assessment Project in the amount of$5,000 (Goehrung) `t<z 11. Provisionally Adopt Ordinance 1886 approving the Tandem Zone Map Amendment to amend the zoning designation of R-3 (Residential Medium Density District)to B-2 (Community Business District) on 0.446 acres, at 601 West Villard Street,Application Z13294 (Saunders)Kt a 05:07:03 PM Public Comment on the Consent Items. Mayor Krauss opened public comment on the Consent Items. No person commented. Mayor Krauss closed public comment. 05:07:15 PM Motion and Vote to approve Consent Items E. 1-11 as submitted. Commissioner - Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Page 2of13 Bozeman City Commission Minutes, April 7, 2014 Deputy Mavor - Carson Taylor: pprove Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve F. 05:07:39 PM Public Commcnt Mayor Krauss opened general public connnent. 05:08:16 PM Reverend Roxanne Klingensmith,Public Comment Ms. Klingensmith spoke in favor of a Non-discrimination Ordinance. 05:09:16 PM David Cooke,Public Comment Mr. Cook stated that he is a member of the Parks and Recreation Board and spoke regarding the TOPS application. He doesn't feel the 100ft frontage is needed at this time. 05:11:34 PM Kim Murphy,Public Comment Ms. Murphy spoke against a Non-discrimination Ordinance. 05:13:19 PM Penelope Pierce, Public Comment Ms. Pierce representing the Gallatin Valley Land Trust spoke in support of the purchase of the property for the proposed sports complex. 05:15:10 PM Rosalynn Koch,Public Comment Ms. Koch spoke in favor of the sports park TOPS project. 05:16:18 PM Andy Holleran,Public Comment Mr. Holleran spoke in support of the sports park TOPs project. 05:18:18 PM Rabbi Esteban,Public Comment Rabbi Esteban spoke in support of a Non-discrimination Ordinance. 05:20:45 PM Paul Rochelle, Public Comment Mr. Rochelle spoke against the proposed sports complex. 05:21:45 PM Kelly Winters,Public Comment Ms. Winters stated that she is heartbroken over treatment of the GVLT/Gay/Transgender community and spoke in support of a Non-discrimination Ordinance. 05:23:31 PM Karen Phillips,Public Comment Ms. Phillips spoke in support of the sports park TOPS project. 05:24:18 PM Phil Rotherham, Public Comment Mr. Rotherham spoke in supports of the creation of the sports fields. 05:26:34 PM Jordon Warner,Public Comment Mr. Warner spoke in support of the sports park TOPs project. Page 3 of 13 Bozeman City Commission Minutes, April 7, 2014 05:29:17 PM Brody Simkins, Public Comment Mr. Simkins spoke in support of the sports park TOPs project. 05:31:03 PM Andy Danna, Public Comment Mr. Danna spoke in support of the sports park TOPs project. 05:32:46 PM Darian Peterson,Public Comment Mr. Peterson stated that it is hard to find places to practice. He spoke regarding current fields with uneven ground and gopher holes. Teams could play tournaments and state championships at the new fields. 05:33:43 PM Loren Peck, Public Comment Ms. Peck spoke regarding her concern of paying for sidewalks and sewer in the TOPs sports park complex. She urged the commission to look at demographics. Go easy on the demographics. She spoke in support of the project. 05:35:40 PM Timothy LeHailey, Public Comment Mr. LeHailey urged the Commission to do an objective survey truly want their money spent on the sports park complex. 05:37:15 PM Ben Hietela,Public Comment Mr. Hietela urged the Commission to listen to the community. 05:38:10 PM Smith Garrison,Public Comment Mr. Garrison stated that we need new fields because other kids from other communities want to come to Bozeman and play. 05:38:40 PM Pete Copololo, Public Comment Mr. Copololo urged the Commission to do this project right. 05:39:35 PM Patrick Lewis,Public Comment Mr. Lewis spoke in support of the sports park TOPs project. 05:41:23 PM Bill Koch,Public Comment Mr. Koch asked if a Non-discrimination Ordinance falls into the proper role of government 05:43:41 PM Joel Gainy,Public Comment Mr. Gainy spoke in support of the Sports park TOPs project. 05:46:13 PM Mary Vant Hull,Public Comment Ms. Vant Hull spoke regarding the Story Street traffic study numbers. It is peculiar to ask property owners to pay 50 %. Page 4of13 Bozeman City Commission Minutes, April 7, 2014 05:48:36 PM John Sodaburg,Public Comment Mr. Sodaburg spoke in support of a Non-discrimination Ordinance. The way we treat each other can be summed up in two words: no bullying. 05:49:40 PM Megan Ross Kent,Public Comment Ms. Kent urged the Commission to invest in the future. 05:50:32 PM Ruegan Lewis McCan, Public Comment Mr. McCan spoke in support of sports complex. 05:51:04 PM Elias Herman,Public Comment Mr. Herman spoke in support of sports complex. 05:52:21 PM Public Comment closed. Mayor Krauss closed public comment. G. Action Items 1. 05:55:43 PM Provisional Adoption of Ordinance 1885, ratifying the City Manager's signature on a purchase and sale agreement transferring ownership of the North Park property to Micropolitan Enterprises,LLC and Powder River Company, LLC (Fontenot) Ml_4- The majority of the Commission members stated that they would like a second appraisal obtained for this item. 05:57:25 PM Break Mayor Krauss declared a break. 2. 06:07:40 PM Boulder Creek request to rezone approximately 0.67 acres from R-2, Residential Two Household Medium Density District to R-4, Residential High Density District; 0.21 acres from R-4, Residential High Density District to R-2, Residential Two Household Medium Density District; 0.15 acres from PLI,Public Lands and Institutions District to R-2, Residential Two Household Medium Density District and 1.35 acres from R-2, Residential Two Household Medium Density District to PLI, Public Lands and Institutions District for property generally located between Durston Road and W. Oak Street(as extended), east of Laurel Parkway and north of Annie Street(as extended), Application Z14030 (Riley)7'�a 06:08:01 PM Doug Riley, Staff Planner Mr. Riley gave the staff presentation regarding the Boulder Creek request to rezone approximately 0.67 acres from R-2, Residential Two Household Medium Density District to R-4, Residential High Density District; 0.21 acres from R-4,Residential High Density District to R-2, Residential Two Household Medium Density District; 0.15 acres from Page 5 of 13 Bozeman City Commission Minutes, April 7, 2014 PLI, Public Lands and Institutions District to R-2, Residential Two Household Medium Density District and 1.35 acres from R-2, Residential Two Household Medium Density District to PLI, Public Lands and Institutions District for property generally located between Durston Road and W. Oak Street (as extended), east of Laurel Parkway and north of Annie Street (as extended), Application Z14030. 06:13:34 PM Commission questions for Staff The Commission and staff discussed density and traffic studies. 06:15:20 PM Application Presentation The applicant representative stated that they have nothing else to add beyond Staff s presentation. 06:15:46 PM Commission questions for Applicant. The Commission did not have any questions for the Applicant. 06:15:48 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:15:56 PM Motion that having reviewed and considered the application materials, public comment, the deliberations and recommendation of the Zoning Commission at the March 18, 2014 Zoning Commission meeting and all the information presented,I hereby adopt the findings presented in the staff report for application Z14030 and move to approve the zone map amendment with contingencies. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 06:16:30 PM Commission Discussion on the Motion The Commission discussed the contingencies. 06:17:31 PM Vote on the Motion that leaving reviewed and considered the application materials,public comment, the deliberations and recommendation of the Zoning Commission at the March 18, 2014 Zoning Commission meeting and all the information presented, I hereby adopt the findings presented in the staff report for application Z14030 and move to approve the zone map amendment with contingencies. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve DepuV Mayor - Carson Ta l�pprove Commissioner- Chris Mehl: Approve Page 6 of 13 Bozeman City Commission Minutes, April 7, 2014 Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 3. 05:53:17 PM Continuation of public hearing for Westbrook Zone Map Amendment, located northeast of the intersection of Durston Road and Laurel Parkway, Application Z13296 (Saunders) a 05:53:31 PM Chris Saunders, Staff Planner Mr. Saunders explained that due to time constraints the Commission is being asked to continue this item to April 14"i. The Applicant agrees with moving the item. 05:54:25 PM Public Comment on Action items 3 and 4 Mayor Krauss opened public comment on Action items 3 and 4. No person commented. Mayor Krauss closed public comment. 05:54:44 PM Motion and Vote that the public hearing for the Westbrook Zone Map Amendment be continued to April 14, 2014. Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mavor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 4. Continuation of public hearing for Westbrook Major Subdivision Preliminary Plat, located northeast of the intersection of Durston Road and Laurel Parkway,Application P13047 (Saunders) /a 05:55:18 PM Motion and Vote that the public hearing for the Westbrook Major Subdivision be continued to April 14, 2014. Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: pprove Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Page 7of13 Bozeman City Commission Minutes, April 7, 2014 5. 06:18:11 PM Resolution 4520, Declaring the intention to create Special Improvement District 718 for the purpose of undertaking certain local improvements to Story Street between South Church Avenue and South Tracy Avenue and financing the costs thereof(Hixson) ` L a 06:19:03 PM Staff Presentation Rick Hixson gave the staff presentation for Resolution 4520, declaring the intention to create Special Improvement District 718 for the purpose of undertaking certain local improvements to Story Street between South Church Avenue and South Tracy Avenue and financing the costs thereof. 06:37:38 PM Commission Questions for staff The Commission and Staff discussed traffic counts, frontage,the current condition of Story Street, methodology of costs and parking. 06:55:38 PM Public Comment Mayor Krauss opened public comment. 06:55:59 PM Bob Chase,Public Comment Mr. Chase stated that there is a need for a 5"' method of calculation. He spoke regarding the amount of rentals in the hour. 07:00:25 PM Carol Detrick,Public Comment Ms. Detrick spoke regarding young children in the area and the importance of keeping open visibility in the area. She stated that there is a need to slow traffic down. 07:03:06 PM HP Hall,Public Comment Mr. Hall stated that he does not agree with the traffic counts. 07:05:57 PM Mary Luo Turintine,Public Comment Ms. Turintine stated that she is against parking on two sides of the street. 07:07:35 PM Trevor McSnadden,Public Comment Mr. McSpadden stated that he would like the Commission to adopt the Staff recommendation for the method of charging. 07:08:32 PM Eddie Steinhaur, Public Comment Mr. Steinhaur stated that his neighbors have concern of paying and with the parking on side of the street. 07:10:04 PM Nyla Chandler,Public Comment Ms. Chandler stated that the 50% responsibility is too much. She spoke regarding the need of a four way stop and parking on both sides of the street. Page 8of13 Bozeman City Commission Minutes, April 7, 2014 07:11:50 PM Mariorie Chase, Public Comment Ms. Chase stated that parents use the street to pick up their kids at the neighbor school. She does not support parking on two sides. 07:17:00 PM Mary Vant Hull,Public Comment Ms. Vant Hull spoke regarding the farmers market traffic. 07:18:57 PM Public Comment Closed Mayor Krauss closed public comment. 07:19:04 PM Commission questions for Staff The Commission and staff discussed methods of assessment, sidewalks, trees, impact fees and timing of the traffic counts. 07:21:23 PM Motion to approve Resolution 4520 declaring it to he the City's intention to create Special Improvement District 718 for the purpose of financing local improvements to East Story Street between South Church Avenue and South Tracy Avenue. Commissioner - I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd 07:21:51 PM Discussion on the Motion The Commission and Staff discussed traffic counts, methodology and parking. 07:44:47 PM Vote on the Motion to approve Resolution 4520 declaring it to be the City's intention to create Special Improvement District 718 for the purpose of financing local improvements to East Story Street between South Church Avenue and South Tracy Avenue. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 07:45:03 PM Break Mayor Krauss called for a break. 6. 07:56:43 PM Resolution 4521, authorizing Allocation of up to $7,500,000 from the Trails, Open Space and Parks Bond Fund for a Bozeman Sports Park (Overton) a Page 9 of 13 Bozeman City Commission Minutes,April 7, 2014 07:57:02 PM Staff Presentation Mitch Overton began the presentation and Jeff Graff presented Resolution 4521, authorizing Allocation of up to $7,500,000 from the Trails,Open Space and Parks Bond Fund for a Bozeman Sports Park. 08:28:22 PM Greg Sullivan, City Attorney Mr. Sullivan explained his suggestion to amend the motion as listed on the agenda. 08:29:12 PM Commission questions for Staff The Commission and staff discussed payback districts, Cottonwood, development to the west, infrastructure,the ditch, flowing water and wells, matching funds,the formation of a Foundation to raise money, and the classification of streets. 08:54:17 PM Applicant Presentation The Applicant representatives gave the presentation for Resolution 4521, authorizing Allocation of up to $7,500,000 from the Trails, Open Space and Parks Bond Fund for a Bozeman Sports Park. 09:06:59 PM Public Comment Mayor Krauss opened public comment. 09:07:15 PM Kevin Cook,Public Comment Mr. Cook stated that this would be a great project for the City. He owns a hotel and this would bring people to Bozeman. This is a great piece of ground. 09:09:59 PM Tony Rich,Public Comment Mr. Rich stated that he is the tournament director for Bozeman Blitz soccer and spoke in support of this project. 09:11:14 PM Christopher Spogis,Public Comment Mr. Spogis spoke regarding an alternative funding measure and his concerns of irrigating 80 acres of blue grass. 09:14:01 PM Anna Lisa Lewis,Public Comment Ms. Lewis asked that the Commission approve the project. 09:14:42 PM Sandy Dodge,Public Comment Mr. Dodge spoke in support of the project. 09:16:51 PM Tom Keck,Public Comment Mr. Keck stated that the property is well suited. Additional playing fields are needed in Bozeman. 09:20:31 PM Amy Stewart,Public Comment Ms. Stewart spoke in support of the project. Page 10 of 13 Bozeman City Commission Minutes, April 7, 2014 09:21:24 PM David Marshall, Public Comment Mr. Marshall stated that Bozeman is lacking a good sports facility and the benefits are huge with this project. 09:23:49 PM Paul Ruhbrikht, Public Comment Mr. Ruhbright stated that it is all about the kids. 09:24:31 PM Chris N&son, Public Comment Mr. Nixson stated that now is the time to buy this land. 09:25:31 PM Public Comment closed Mayor Krauss closed public comment. 09:25:41 PM Motion that having considered public comment, materials presented by staff, and the application and supporting documents from the Bozeman Soccer Education Foundation and the Gallatin Valley Lacrosse League,I herby move to adopt Resolution 4521 (as amended per City Attorney memo dated April 7, 2014)providing Traits, Open Space and Parks Bond funding for the Bozeman Sports Park in an amount not to exceed$7,500,000; allocating up to $2,100,000 for the acquisition of up to approximately 80 acres and allocating up to $2,500,000 for infrastructure improvements, with the remainder to be allocated for park development and construction as identified through a future park master plan. Commissioner - Cynthia Andrus: Motion Deputy Mayor - Carson Taylor: 2nd 09:26:40 PM Commission discussion on the Motion The Commission discussed maintenance, matching funds, water concerns, economic impacts, infrastructure funding, payback districts and Cottonwood improvements. 09:56:18 PM Amendment to the Main Motion to create a payback district for the 3 streets, not including Cottonwood at this time, and give the ditch funds (if relocation of the ditch does not occur) to Cottonwood or to the fields, depending on the completion of the Master Plan with the Friendly amendment that the money be held in reserve for Cottonwood with the Commission directing when improvements occur or at the time that the west side develops. (Amendment clarified in discussion). Commissioner- Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 09:56:50 PM Commission discussion on the Amendment The Commission discussed the funding amounts and the amount of a payback. 10:02:10 PM Rules suspended Mayor Krauss suspended the rules. Page 11 of 13 Bozeman City Commission Minutes,April 7, 2014 10:02:14 PM Continued Discussion 10:02:48 PM Clarification on the Amendment to the Main Motion The Commission clarified the motion stating that the payback districts will occur at the time that the roads are constructed to the maximum extent the City can, no allocation of direct funds for Cottonwood at this time, however if the Master Plan indicates that Cottonwood needs to be done, at some point it would come back to the Commission and the funds would be re-allocated for Cottonwood, lowering the up-to amount for infrastructure, the money for Cottonwood (the local share) will go into fields, and the funding for the relocation of the creek if not used, will be set aside to build Cottonwood in the future, with Cottonwood being constructed when the payback is fulfilled or development happens to the west, whichever is first. 10:07:10 PM Vote on the Amendment the Main Motion to create a payback district for the 3 streets, not including Cottonwood at this time, and give the ditch funds (if relocation of the ditch does not occur) to Cottonwood or to the fields, depending on the completion of the Master Plan with the Friendly amendment that the money be held in reserve for Cottonwood with the Commission directing when improvements occur or at the time that the west side develops. (Amendment clarified in discussion). Commissioner - Chris Mehl: Motion DeputMyor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 10:07:27 PM Vote on the Main Motion as Amended that having considered public comment, materials presented by staff, and the application and supporting documents from the Bozeman Soccer Education Foundation and the Gallatin Valley Lacrosse League, I herby move to adopt Resolution 4521 (as amended per City Attorney memo dated April 7, 2014)providing Trails, Open Space and Parks Bond funding for the Bozeman Sports Park in an amount not to exceed$7,500,000; allocating up to $2,100,000 for the acquisition of up to approximately 80 acres and allocating up to $2,500,000for infrastructure improvements, with the remainder to be allocatedfor park development and construction as identified through a future park master plan. Commissioner - Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Ta l�pprove Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Page 12 of 13 Bozeman City Commission Minutes,April 7, 2014 Commissioner - I-Ho Pomeroy Approve H. 10:07:48 PM FYI/Discussion 1. Rental Safety information 2. Commissioner Pomeroy Absence I. 10:09:16 PM Adjournment Mayor Krauss adjourned the meeting at 10:09 p.m. 11 Z- - IK JeffWa ss, Mayor PO ATTES P6M_4 C. - UJ� 14TA I S t cy(7-�en, City Clerk- Approved on Page 13 of 13