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HomeMy WebLinkAbout2. Minutes Page 1 of 15 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 8, 2014 Mayor - Jeff Krauss: Present *arriving late Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 05:00:25 PM Call to Order – 5 p.m.– Commission Room, City Hall, 121 North Rouse Mayor Pro-tem Taylor called the meeting to order at 5 p.m. B. 05:00:30 PM Pledge of Allegiance and a Moment of Silence C. 05:01:16 PM Changes to the Agenda Mayor Pro-tem Taylor asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated that he understands that the Commission would like to re-organize the agenda by putting the board appointments first on the Action item list. D. 05:01:48 PM Authorize Absence of Cr. Andrus 05:01:51 PM Motion and Vote to authorize the absence of Cr. Andrus. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve E. 05:02:10 PM Minutes – December 1, 2014  and October 6, 2014 Executive Session 7 December 8, 2014 Bozeman City Commission Minutes Page 2 of 15 05:02:12 PM Motion and Vote to approve the minutes from December 1, 2014 and the October 6, 2014 Executive Session as submitted. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve F. 05:02:45 PM Consent 1. Authorize Payment of Accounts Payable Claims  (LaMeres) 2. Community Transportation Enhancement Program (CTEP) Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 3. Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 4. Street Maintenance Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 5. Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 6. Water Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 7. Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2016- 2020  (Rosenberry) 8. Resolution 4553, Amending the Future Land Use Map Figure 3-1 of the Bozeman Community Plan, on 3.002 acres located at 856 Loxley Drive, Laurel Glen Lot 1, Block 9 Growth Policy Amendment, Application P14016  (Saunders) 9. Provisional Adoption of Ordinance 1897,Amending the Bozeman Zoning Map at 856 Loxley Drive from B-1 (Neighborhood Business) to R-2 (Residential Two-Household Medium Density) on 3.002 acres at Lot 1, Block 9, Laurel Glen Subdivision Phase 1, Application Z14071  (Saunders) 10. Ellis View Estates Major Subdivision Final Plat, Application P14046 (Rogers) 11. Professional Services Agreement with Design Nine, Inc. for Specialized Fiber Optic Engineering Services, not to exceed $5,000, for a Planned and Budgeted (Fiscal Year 2015) Conduit, Vault, and Fiber Project to Connect City facilities along North Montana Street  (McMahan/Fine) 12. 2007 Water Reclamation Facility Upgrade Phase I Expansion Project, Amendment No. 4 (Murray) 13. 2015 Beer, Wine and Liquor License Renewals  (Goodwin) 8 December 8, 2014 Bozeman City Commission Minutes Page 3 of 15 05:04:59 PM Public Comment Mayor Pro-tem Taylor opened public comment on the consent agenda. 05:05:24 PM Tom Keck, Public Comment Mr. Keck thanked the City Commission for their continued support of finishing the trail system along 19th. He spoke regarding a fundraising event where matching funds were raised to assist with a CTEP grant. He spoke regarding safety concerns on 19th. 05:07:40 PM Public Comment closed Mayor Pro-tem Taylor closed public comment. 05:07:45 PM Motion and Vote to approve Consent Items F. 1-13 as submitted. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve G. 05:08:06 PM Public Comment Mayor Pro-tem Taylor opened general public comment. No person commented. Mayor Pro-tem Taylor closed public comment. H. 05:09:13 PM Action Items The Commission re-arranged the Agenda and acted upon Items 8 and 9 first. 1. 05:10:27 PM Storm Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 05:11:03 PM Staff Presentation Administrative Services Director Anna Rosenberry gave the staff presentation for the Storm Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. 05:15:00 PM Commission questions for Staff The Commission and Staff discussed implementation times, the amount used for capital, shares, revenue sources, the financial summary as included in the packet materials, and how CIP items are chosen and placed on the schedule. 05:22:36 PM Public Comment Mayor Pro-tem Taylor opened public comment. 9 December 8, 2014 Bozeman City Commission Minutes Page 4 of 15 No person commented. Mayor Pro-tem Taylor closed public comment. 05:23:08 PM Motion to adopt the Storm Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 05:23:28 PM Commission discussion Cr. Pomeroy stated that we failed to take care of storm water in the past so we need to take care of this. Cr. Mehl stated that he supports this item. Mayor Pro-tem Taylor stated that it is nice to see this project move forward. 05:24:36 PM Vote to adopt the Storm Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 2. 05:24:48 PM Street and Curb Reconstruction Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 05:25:09 PM Staff Presentation Ms. Rosenberry gave the staff presentation for the Street and Curb Reconstruction Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. 05:27:18 PM Commission questions for Staff The Commission and Staff discussed the estimated annual increase amount, special improvement district timing, ADA ramps, construction inflation and the estimated amount of ramps could construct for $60,000. 05:33:37 PM Public Comment Mayor Pro-tem Taylor opened public comment. No person commented. Mayor Pro-tem Taylor closed public comment. 05:33:49 PM Motion to adopt the Street and Curb Reconstruction Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. 10 December 8, 2014 Bozeman City Commission Minutes Page 5 of 15 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 05:34:04 PM Commission Discussion Cr. Mehl stated that he understands the need and supports this item. Cr. Pomeroy stated she supports this item. 05:34:29 PM Vote on the Motion to adopt the Street and Curb Reconstruction Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 3. 05:34:47 PM Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 05:34:56 PM Staff Presentation Ms. Rosenberry gave the staff presentation for the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. 05:38:20 PM Commission questions for Staff The Commission and Staff discussed reserve amounts, the watering budgeting tool timing occurrence, the capture of water out of Lyman Creek, the IWRP, possibly moving the water tank in the area, aerial photography timing occurrence, cash dedicated, funding deficits, the loan match year, the $60 million unscheduled item for pipe replacement, hydro-turbine for the storage tank purpose, the amount of vehicles, where we are at in looking at energy saving, hybrid vehicles, light duty fleets, the mileage on the 2008 locate truck and the need to replace the vehicle, and the mileage on the 2003 dump truck and the need to replace at least every 10 years. 05:55:22 PM Public Comment Mayor Pro-tem Taylor opened public comment. No person commented. Mayor Pro-tem Taylor closed public comment. 05:55:38 PM Motion to adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 05:56:02 PM Commission discussion 11 December 8, 2014 Bozeman City Commission Minutes Page 6 of 15 05:56:40 PM Amendment to the Main Motion to move the Water Budget tool from Fiscal Year 2020 to Fiscal Year 2016. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 05:56:54 PM Discussion on the Amendment Deputy Mayor Taylor stated that he supports the amendment and appreciates the water conservation specialist is moving forward. 05:57:11 PM Vote on Amendment to the Main Motion to move the Water Budget tool from Fiscal Year 2020 to Fiscal Year 2016. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 05:57:19 PM Vote on Main Motion as Amended to adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 4. 05:57:46 PM Street Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 05:57:58 PM Staff Presentation Ms. Rosenberry gave the staff presentation for the Street Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. 06:02:53 PM Commission Questions for Staff The Commission and Staff discussed the use of impact fees, capacity expansion, the list of unscheduled items, Highland improvements and intersection improvements. 06:09:09 PM Public Comment Mayor Pro-tem Taylor opened public comment. 06:09:17 PM Greg Stratton, Public Comment 12 December 8, 2014 Bozeman City Commission Minutes Page 7 of 15 Mr. Stratton that he is also the applicant for the Lakes item later on the agenda and would like the Durston road improvements to be moved up on the CIP. He has a plan and would like it to be considered for Impact fees. 06:12:58 PM Daniel Howdan, Public Comment Mr. Howdan spoke regarding Item 40, the intersection of Main and Broadway. He is wondering why this is still listed as it is already completed. He wondered when the last traffic study had been done for Kagy. 06:13:53 PM Public Comment closed Mayor Pro-tem Taylor closed public comment. 06:14:03 PM Staff follow-up on public comment. Ms. Rosenberry stated that a substantial amount of Main and Broadway has been completed with contributions from a developer and they would like to get the item on the CIP so that we can give the impact fee credit to the Developer. City Engineer Rick Hixson stated that as far as the Kagy project, the preliminary design will include traffic counts etc. and at that time we will look at the lane configuration. As far as Durston and the applicant’s request of moving it to Fiscal Year 2016, there is a question of how to pay for the local share of the section by Bronken Park as the City does not have it. We could move it up and work with developer to come up with a resolution of how to pay for that share. 06:24:06 PM Motion to adopt the Street Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020 with the inclusion of the changes as suggested by Greg Stratton (moving Durston road improvements between Cottonwood and the west boundary of the City limits to Fiscal Year 2016) and noting that we are relying on the Staff to get back to the Commission with any change to Broadway. Cr. Pro Tem Mayor - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 06:25:08 PM Discussion on the Motion Mayor Krauss spoke regarding taking advantage of situations to work with a developer, as far as engineering Kagy, other engineering to other streets will need to take place therefore it is premature to say there will be a three way road there. 06:27:14 PM Vote on the Motion to adopt the Street Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020 with the inclusion of the changes as suggested by Greg Stratton (moving Durston road improvements between Cottonwood and the west boundary of the City limits to Fiscal Year 2016) and noting that we are relying on the Staff to get back to the Commission with any change to Broadway. 13 December 8, 2014 Bozeman City Commission Minutes Page 8 of 15 Cr. Pro Tem Mayor - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 06:27:46 PM Break Mayor Krauss called for a break. 06:41:05 PM Meeting called back to order. Mayor Krauss called the meeting back to order, 5. 06:41:28 PM The Mendenhall Mixed Use Building Preliminary Site Plan and Certificate of Appropriateness with Zoning Variance Application to allow the Demolition of an Existing One-story Bank Building and the Construction of a Five Story Mixed Use Building with Three Floors of Commercial Space and 29 Residential Units on the Top Two Floors with Related Common Spaces, Underground Parking Structure, and Site Improvements at the Northwest Corner of West Mendenhall Street and North Tracy Avenue, Application Z14275 (Quasi Judicial) (continued from November 10, 2014)  (Krueger) 06:41:40 PM Staff Presentation Staff Planner Brian Krueger gave the staff presentation for the Mendenhall Mixed Use Building Preliminary Site Plan and Certificate of Appropriateness with Zoning Variance Application to allow the Demolition of an Existing One-story Bank Building and the Construction of a Five Story Mixed Use Building with Three Floors of Commercial Space and 29 Residential Units on the Top Two Floors with Related Common Spaces, Underground Parking Structure, and Site Improvements at the Northwest Corner of West Mendenhall Street and North Tracy Avenue, Application Z14275. 07:05:36 PM Commission Questions for Staff The Commission and staff discussed the demolition request, the meaning of intrusive, the ramp in the proposed parking area, building permit timing, timeframes for code amendments in regards to variances, timing before first and second application submittals, sidewalk width, parking requirements, possible historical status, deviations in the City parking garage and the hardship definition. 07:20:57 PM Applicant Presentation The Applicant gave their presentation regarding The Mendenhall Mixed Use Building Preliminary Site Plan and Certificate of Appropriateness with Zoning Variance Application to allow the Demolition of an Existing One-story Bank Building and the Construction of a Five Story Mixed Use Building with Three Floors of Commercial Space and 29 Residential Units on the Top Two Floors with Related Common Spaces, 14 December 8, 2014 Bozeman City Commission Minutes Page 9 of 15 Underground Parking Structure, and Site Improvements at the Northwest Corner of West Mendenhall Street and North Tracy Avenue, Application Z14275. He spoke regarding the ramp proposed in the parking garage and the need for its location, the amount of parking spaces needed apart from the parking garage. They are concerned with Condition no. 4 and handed out proposed changes to the language. The bank building is not historic. The applicant representative spoke regarding the hardship related to the 90 day window related to demolition. 07:32:43 PM Commission questions for Applicant The Commission and applicant discussed the size of the units, work force housing, the Bike board’s recommendation for a bike and pedestrian safe intersection, impacts of not changing condition no. 4 as recommended by the applicant, and the lifespan of the proposed building. 07:42:32 PM Public Comment Mayor Krauss opened public comment. 07:42:43 PM Jerry Pape, Public Comment Mr. Pape spoke regarding his memory of discussion of wanting a downtown hotel, and now we have two. We need to have consistency and determine how to deal with parking going into the future. His biggest concern is fairness so developers are not competing. 07:44:55 PM Corey Lawrence, Public Comment Mr. Lawrence stated that he is one of the owners of the Armory. He supports investment on Mendenhall. He has concerns of the size and perspective of his project as listed in the memo and handed out another schematic showing height. 07:47:01 PM Chris Naumann, Public Comment Mr. Naumann stated that this project would help with objectives, housing downtown is the cornerstone and this would be the catalyst for more housing downtown. It is currently difficult to find adequate space for new companies and the dedicated office space in this project would have what new companies are looking for. He spoke regarding parking problems and underground parking and we should try to facilitate this as this is a significant advancement. 07:50:23 PM Public Comment closed Mayor Krauss closed public comment. 07:50:36 PM Motion that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z14275 and move to approve the Variance from Section 38.25.020.A of the Bozeman Municipal Code, to allow the minimum size for a parking space within the underground parking structure to be 8 feet 6 inch in width and 18 feet in length and to allow a 24 foot wide two way access aisle as shown on the application materials. 15 December 8, 2014 Bozeman City Commission Minutes Page 10 of 15 Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:51:17 PM Discussion on the motion Cr. Mehl stated that this is a no-brainer and we want underground, and it is a great thing that they are doing for the community. In terms of the three standard we are looking at, the project meets the standards. The access ramp slope is needed because of the physical nature of the building, it makes sense. Deputy Mayor Taylor stated that he is troubled by the variance standard and how it is applied. He will support this motion. Mayor Krauss stated that not many are proposing underground parking, physical conditions of the lot are not shared like the others in the area. This is a good design. 07:59:45 PM Vote on the Motion that having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z14275 and move to approve the Variance from Section 38.25.020.A of the Bozeman Municipal Code, to allow the minimum size for a parking space within the underground parking structure to be 8 feet 6 inch in width and 18 feet in length and to allow a 24 foot wide two way access aisle as shown on the application materials. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve AND 07:59:58 PM 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 Z14275 and move to approve the site plan and certificate of appropriateness with the recommended conditions of approval and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 08:00:23 PM Commission discussion on the Motion Cr. Mehl stated that this is a great project and spoke regard the Design Review Board outcome. He understands parking concerns but agrees that we want to keep downtown thriving. Cr. Pomeroy stated that she likes downtown density. This will bring more people downtown and downtown needs more office spaces. Deputy Mayor Taylor stated that he agrees with the others. He is questioning the demolition permit issue. He is open to a discussion as to if this building is significantly 16 December 8, 2014 Bozeman City Commission Minutes Page 11 of 15 different than others. He wants to maintain consistency. Deputy Mayor Taylor thanked the developer for proposing this project. Mayor Krauss stated that he supports this item but has some heartburn about treating other properties differently. He spoke regarding the parking space contributions and the destruction of buildings. He clarified that the City does not bond them. He appreciates the investment and Mendenhall will be very cool. He does not support bulb outs however as he feels that we are addressing the pedestrian access with the sidewalk. 08:13:29 PM 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 Z14275 and move to approve the site plan and certificate of appropriateness with the recommended conditions of approval and subject to all applicable code provisions Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 6. 08:14:52 PM Swanson Residence Conditional Use Permit (CUP) Application, required in an R-1 Zoning District for the Establishment of an Accessory Dwelling Unit(ADU)above a Detached Garage Building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision, Application No. Z14316 (Brekke) 08:14:54 PM Staff Presentation Staff Planner Allyson Brekke gave the staff presentation regarding the Swanson Residence Conditional Use Permit (CUP) Application, required in an R-1 Zoning District for the Establishment of an Accessory Dwelling Unit (ADU) above a Detached Garage Building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision, Application No. Z14316. 08:21:12 PM Commission questions for staff The Commission and staff discussed how a conditional use permit works, noise issues, revoking a conditional use permit and the Foxtail area design. 08:28:47 PM Applicant Presentation The Applicant representative gave their presentation regarding the Swanson Residence Conditional Use Permit (CUP) Application, required in an R-1 Zoning District for the Establishment of an Accessory Dwelling Unit (ADU) above a Detached Garage Building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision, Application No. 17 December 8, 2014 Bozeman City Commission Minutes Page 12 of 15 Z14316 . He spoke regarding the public comment received about parking and the protruding dirt area. 08:30:36 PM Commission questions for the Applicant 08:30:47 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:31:01 PM 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 Z14316 and move to approve the Swanson Residence Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage building with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 08:31:47 PM Discussion on the Motion Cr. Pomeroy spoke regarding consistency and that the City has already approved others in the area. Deputy Mayor Taylor spoke regarding remedies to complaints. Cr. Mehl stated that ADUs are hard in R1 areas that were built along time ago. Mayor Krauss spoke about prior review of this project and ADUs. Traffic congestion and partying can happen in other houses that are not ADUs but the CUP adds protection. We are looking for some way to increase density. 08:37:05 PM 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 Z14316 and move to approve the Swanson Residence Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage building with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve 08:37:33 PM Break. Mayor Krauss called for a break 08:43:33 PM Meeting called back to order. 18 December 8, 2014 Bozeman City Commission Minutes Page 13 of 15 Mayor Krauss called the meeting back to order. 7. 08:43:56 PM The Lakes at Valley West Concept Planned Unit Development and Subdivision Pre-application for a Multi-phase Residential Development located on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, Applications Z14266 and P14044  (Krueger) 08:43:58 PM Staff Presentation Staff Planner Krueger gave the staff presentation regarding the Lakes at Valley West Concept Planned Unit Development and Subdivision Pre-application for a Multi-phase Residential Development located on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, Applications Z14266 and P14044. 09:08:27 PM Applicant Presentation. The Applicant representative gave their presentation for The Lakes at Valley West Concept Planned Unit Development and Subdivision Pre-application for a Multi-phase Residential Development located on 65 Acres South of Durston Road, East and West of an Extension of Laurel Parkway, Applications Z14266 and P14044. This is the original team that started Valley West back in 2001. 09:33:04 PM Commission Suggestions or Comments Cr. Mehl stated that it is a different culture and weather conditions where the Woonerf comes from. He likes that the enhanced alleys are short. 8 phases are hard to say “go ahead” to. He has no problems with distance to the commercial node. The pond to the east needs cross walks, he is not concerned about the 100% access, people will walk around the pond, need a trail on east west area and he is interested in round-a-bouts. Cr. Pomeroy stated that it looks like high density and more work force housing and there is more open space. Deputy Mayor Taylor-stated that it is worth experimenting with in Phases 1 and 2. He is not fond of the dead ends, has concerns about some of the Woonerf function, the long stretch on the south should be a road, is concerned about not having parking on the park dedication, there is a need for parking on south side of lake, he is not concerned about setbacks unless there is enough growth and plantings to keep lawn fertilizer getting into the lake. He is ok with the Woonerf design in phases 1 and 2 but there may be some problems with enforcement and snow removal. Mayor Krauss stated that he likes the 2008 design better but understands why the changes are being made, there is a big chunk of residential but the developer will need to address fertilizer run off into the lake. He spoke regarding the size of the roads, the sign for the Woonerf and understands the concept. He is a little more on the edge where there is an unknown of how we are going to continue the street through. We tried small streets before and he is willing to try it again. He agrees that snow removal could be a problem. 8. 05:09:14 PM Reappointments to the Bozeman Area Bicycle Advisory Board (Ulmen) 19 December 8, 2014 Bozeman City Commission Minutes Page 14 of 15 05:09:25 PM Motion and Vote to reappoint Jen Petersen, Bill Cochran, Daniel Davis, Jason Delmue and Sam Haraldson to the Bozeman Area Bicycle Advisory Board. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve The Commission agreed to delay the appointments to the vacant positions to December 15th. 9. 05:09:58 PM Reappointment to the Pedestrian and Traffic Safety Committee  (Ulmen) 05:10:07 PM Motion and Vote to reappoint Gary Vodehnal to the Pedestrian and Traffic Safety Committee. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Absent Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Approve I. 09:46:53 PM FYI/Discussion 1. Gas Tax item in the newspaper. The Commission agreed that this could be discussed at the next Joint city county meeting. 2. Deputy Mayor Taylor may be gone for the next meeting and the December 22nd 3. Holiday Party this Friday 4. Early Start time next Monday 5. Water Conservation Efforts 6. Ex-parte communications. J. 09:52:53 PM Adjournment Mayor Krauss adjourned the meeting at 9:52 p.m. ______________________________ Jeffrey K. Krauss Mayor 20 December 8, 2014 Bozeman City Commission Minutes Page 15 of 15 ATTEST: ______________________________________ Stacy Ulmen, CMC City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC City Clerk Approved on:____________________________ 21 Page 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 15, 2014 Mayor - Jeff Krauss: Present (arriving after call to order) Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 05:07:59 PM Call to Order – 5 p.m.– Commission Room, City Hall, 121 North Rouse Mayor Pro-Tem Mehl called the meeting to order at 5:07 p.m. B. 05:08:05 PM Pledge of Allegiance and a Moment of Silence C. 05:08:44 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated to authorize the absence of Deputy Mayor Taylor. 05:08:49 PM Motion and Vote to Authorize the Absence of Deputy Mayor Taylor Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve D. 05:09:10 PM Public Service Announcements 05:09:16 PM City Office Closures and Information for the Holiday Season (Ulmen) 05:11:12 PM Congrats to Deputy Police Chief Rich McLane on his recent graduation. 05:12:09 PM Affordable Housing Study Update (Sutton) 22 December 15, 2014, Bozeman City Commission Minutes Page 2 of 14 05:16:26 PM Commission Questions to Staff on Affordable Housing Study Update The Commission and Staff discussed timing of when the Commission will see the report, and if they will have input before it is done. Staff welcomed the Commission to take part in the stakeholders groups and that the report was to be a collection of the Stakeholder’s groups comments. E. 05:17:39 PM Minutes – October 1, 2014 Joint City-County Meeting  and November 10, 2014 Executive Session Minutes 05:17:53 PM Motion and Vote to approve the minutes from the October 1, 2014 Joint City-County Meeting and the November 10, 2014 Executive Session as submitted. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve F. 05:18:19 PM Consent 1. Authorize Payment of Accounts Payable Claims  (LaMeres) 2. Approve Assignments in General Fund to be reported in FY14 CAFR (Fiscal Year 2014 Comprehensive Annual Financial Report)  (LaMeres) 3. Amendment to Professional Services Agreement with Tetra Tech Inc. for Installation of Two Additional Groundwater Monitoring Wells and One Round of Sampling at the Story Mill Landfill  (Hixson) 4. Amendment to Professional Services Agreement with Tetra Tech Inc. for continued Post-closure Ground Water and Landfill Gas Monitoring at the Story Mill Landfill  (Hixson) 5. First Amendment to License Agreement for the Use of City of Property by MTPCS Inc with Cedar TowerCo, LLC.  (Heaston) 6. Memorandum of Understanding between the City of Bozeman and Montana Bureau of Mines and Geology for the Gallatin Valley Groundwater Availability Assessment  (Heaston) 7. Joint Funding Agreement with the U.S. Geological Survey for the Continued Operation of a Streamflow Gaging Station on the East Gallatin River  (Heaston) 8. Memorandum of Understanding between the City of Bozeman and the Montana Department of Natural Resources and Conservation providing for the Installation and Maintenance of a Stream Gage on Sourdough Creek (Heaston) 23 December 15, 2014, Bozeman City Commission Minutes Page 3 of 14 9. Community Development Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 10. Fire Capital and Equipment Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 11. Vehicle Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 12. Solid Waste Fund (Collection & Recycling) Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 13. Tree Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 14. Findings of Fact and Order for the Norton East Ranch Phase 3 Major Subdivision Preliminary Plat Application, Application P14037  (Krueger) 15. Findings of Fact and Order for the Four Points Minor Subdivision Preliminary Plat, Application P14041  (Krueger) 16. Final adoption of Ordinance 1901, to amend the Zoning Map to change from BP Business Park District to B-2 Community Business District on 6.59 Acres plus Adjacent Public Right of Way, legally described as Lot 5A, Minor Subdivision 340A and Lot 4 Minor subdivision 340, located at 536 and 642 Cottonwood Road, Application Z14195  (Saunders) 17. 2015 Beer, Wine and Liquor License Renewals  (Rosenberry) 05:18:22 PM City Manager Highlights. Mr. Kukulski went over each consent item. 05:21:25 PM Public Comment Mayor Krauss opened public comment on the consent agenda. No person commented. Mayor Krauss closed public comment. 05:21:43 PM Motion and Vote to approve Consent Items F. 1-17 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve G. 05:22:01 PM Public Comment Mayor Krauss opened general public comment. 05:22:25 PM Chris Naumann, Public Comment 24 December 15, 2014, Bozeman City Commission Minutes Page 4 of 14 Mr. Naumann stated that he is the Executive Director for the Downtown Bozeman Partnership who along with the TIF districts are committed to the fiber initiative. The fiber project is an important economic tool. 05:24:03 PM Public Comment closed. Mayor Krauss closed public comment. H. 05:24:09 PM Action Items 1. 05:24:10 PM General Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020  (Rosenberry) 05:24:55 PM Staff Presentation Administrative Services Director Anna Rosenberry gave the staff presentation for the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2016-2020. 05:35:34 PM Commission Questions The Commission and Staff discussed the Police radios and the network with the Gallatin County. 05:37:46 PM Continued Staff Presentation Ms. Rosenberry continued to highlight the general fund projects. 05:44:37 PM Public Comment Mayor Krauss opened public comment. 05:44:50 PM Joseph Swanson, Public Comment Mr. Swanson stated that he is the President of the Bozeman Protection Police Association. Spoke regarding concerns regarding unreliability with current police radios. 05:48:07 PM Public Comment closed. Mayor Krauss closed the public comment. 05:48:17 PM Commission Questions for Staff The Commission and Staff discussed next steps with the Rouse Justice Center, park restroom upgrades, stormwater, patrol vehicle replacement, lawnmowers, Bogert pool, the pergola at Fire Station 3, the professional building carpet replacement, park entrance signs, Beal floor replacement, point persons for the 911 communication discussions and revenue growth. 06:27:06 PM Motion and Vote to approve the General Fund Capital Improvement Plan for Fiscal Years 2016-2020, omitting the lines in the financial summary about the bond issue for the indoor/outdoor aquatic facility of $23.8 million. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 25 December 15, 2014, Bozeman City Commission Minutes Page 5 of 14 06:27:41 PM Commission discussion on the Motion Cr. Mehl stated that the Commission will discuss the bond issue when setting priorities in 5 weeks. Mayor Krauss stated that he does not want to imply that he will vote for a new motorcycle, and it is dangerous waiting on the pool. Have a plan in September to get it done for the following year for us. Anything that is over $10,000 needs to be on the CIP. He appreciates the staff’s concentration on this. 06:30:23 PM Vote on the Motion to approve the General Fund Capital Improvement Plan for Fiscal Years 2016-2020, omitting the lines in the financial summary about the bond issue for the indoor/outdoor aquatic facility of $23.8 million. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 06:30:48 PM Break Mayor Krauss called for a break. 06:41:30 PM Back to order Mayor Krauss called the meeting back to order. 2. 06:41:38 PM Broadleaf Annexation and Zone Map Amendment for Property Located South of Lincoln Street and East of Maple Lane, allowing the Establishment of an Initial Zoning Classification of R-4 (Residential High Density District) for approximately 0.33 Acres of the Property contingent upon Annexation into the City of Bozeman, and Rezoning of approximately 1.63 Acres of the Property from R-1 Zoning (Residential Single-Household, Low Density District) to R-4 Zoning, Applications A14002 and Z14280  (Brekke) 06:42:09 PM Staff Presentation Staff Planner Allyson Brekke gave the staff presentation for the Broadleaf Annexation and Zone Map Amendment for Property Located South of Lincoln Street and East of Maple Lane, allowing the Establishment of an Initial Zoning Classification of R-4 (Residential High Density District) for approximately 0.33 Acres of the Property contingent upon Annexation into the City of Bozeman, and Rezoning of approximately 1.63 Acres of the Property from R-1 Zoning (Residential Single-Household, Low Density District) to R-4 Zoning, Applications A14002 and Z14280. 06:49:38 PM Commission questions for Staff 26 December 15, 2014, Bozeman City Commission Minutes Page 6 of 14 The Commission and Staff discussed sewer capacity, water improvements and water rights. 06:53:55 PM Applicant Presentation The Applicant representative gave their presentation regarding for the Broadleaf Annexation and Zone Map Amendment for Property Located South of Lincoln Street and East of Maple Lane, allowing the Establishment of an Initial Zoning Classification of R-4 (Residential High Density District) for approximately 0.33 Acres of the Property contingent upon Annexation into the City of Bozeman, and Rezoning of approximately 1.63 Acres of the Property from R-1 Zoning (Residential Single-Household, Low Density District) to R-4 Zoning, Applications A14002 and Z14280. 06:55:15 PM Commission questions for Applicant None. 06:55:35 PM Public Comment Mayor Krauss opened public comment. 06:55:42 PM Jerry Pape, Public Comment Mr. Pape stated that he knows the property well. The sewer capacity issue causes him to wonder about the City being proactive instead of reactive. Areas going to a greater density need to be a high target for the Commission next year. He encouraged the Commission to support the proposal. 06:59:08 PM Mary Price, Public Comment Ms. Price thanked staff for getting back to her with answers to her questions. She feels that people didn’t get notice in the area and she is opposed to both proposals. She urged the Commission to learn from the past. Preserve investments, pedestrian safety. She suggested constructing a Park instead. 07:02:19 PM Rebecca Manners, Public Comment Ms. Manners stated that it seems that not all of the properties are being considered. All properties will be impacted by R4 zoning. She would like the Commission to reconsider R4 and possible zone the area R2 or remain in same zoning. There is a lot of housing in this area. She has concerns with the assumption that the character of district is that the majority housing are not owner occupied, but the properties adjacent are owner occupied. She spoke regarding the covenant on the property which says that the zoning needs to remain within a B. She then handed a copy of the covenant to the Clerk. 07:05:43 PM Don Lint, Public Comment Mr. Lint spoke regarding the dense occupancy and supports the zoning change. Believes it is for the best next to the University etc. 07:07:11 PM Christina Herinsuite, Public Comment Ms. Herinsuite stated that her concerns are traffic and parking and urged the Commission to rethink the zoning. What is currently on the property does not look good. Rezone to something less dense. 27 December 15, 2014, Bozeman City Commission Minutes Page 7 of 14 07:08:15 PM Public Comment Closed. Mayor Krauss closed public comment. 07:08:25 PM Break Mayor Krauss called for a break. 07:18:11 PM Meeting called back to order Mayor Krauss called the meeting back to order. 07:18:38 PM Summary of Protest Ms. Brekke stated that the protests have been counted and that 26% have been received which meets the Threshold which means that a 2/3rds vote by the Commission must occur. Ms. Brekke also spoke regarding different noticing methods. Mr. Sullivan stated that the City is not part of the covenant as described in public comment. 07:20:35 PM Cr. Pomeroy Disclosure Cr. Pomeroy stated that she has a business on Lincoln Street and asked the City Attorney if there was an issue in her taking part in this decision. There is not an issue. 07:21:01 PM Applicant response to Public Comment No response. 07:21:14 PM 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 A14002 and move to approve the Broadleaf Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd 07:21:51 PM Commission discussion on the Motion Cr. Pomeroy supports the Motion Cr. Andrus stated that this meets the standards and she supports. Cr. Mehl stated that he will be supporting the Motion. This is an appropriate change in regards to acreage. Mayor Krauss stated that the property is contiguous and he is going to say yes. 07:23:31 PM Vote on the 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 A14002 and move to approve the Broadleaf Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 28 December 15, 2014, Bozeman City Commission Minutes Page 8 of 14 Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 07:23:48 PM 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 Z14280 and move to approve the Broadleaf Zone Map Amendment with contingencies required to complete the application processing. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd 07:24:19 PM Commission discussion on the Motion Cr. Pomeroy thanked the public comment. It makes to make sense to have high density close to the university. Cr. Andrus spoke regarding the character of the area and stated that this is land close to the university and this zoning fits the area. Cr. Mehl stated that the staff report is convincing. Mayor Krauss stated that he is opposed. There are plenty of places addressing the density. One side of the area is zoned RS. He spoke regarding feathered zoning and that this is a long upstanding neighborhood. He doesn’t want to sacrifice every neighborhood in the City for density. 07:28:28 PM Vote on the 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 Z14280 and move to approve the Broadleaf Zone Map Amendment with contingencies required to complete the application processing. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 3. 07:28:46 PM The Bozeman Fiber Initiative Project Overview and Policy Direction (Fontenot) 07:29:45 PM Staff Presentation 29 December 15, 2014, Bozeman City Commission Minutes Page 9 of 14 Economic Development Director Brit Fontenot and Specialist David Fine gave the staff presentation regarding the Bozeman Fiber Initiative Project Overview and Policy Direction. 07:53:47 PM Public Comment Mayor Krauss opened public comment. 07:53:57 PM Jerry Pape, Public Comment Mr. Pape spoke regarding Anthony Cochenhour of Hopelight Industries and his past with fiber efforts in Bozeman . More broadband is better. Take advantage of this. Mr. Pape spoke regarding cloud based computing and stated that at some point businesses will use a cloud base approach. The City is missing redundancy and needs to have two different paths in the event data goes down. This initiative can bring you affordable redundancy. The local network is used daily by schools and the county and it would be good for the Commission to have some control over the local area. This has the opportunity to bring safety. 07:59:07 PM Larry Johnson, Public Comment Mr. Johnson that that he is the President of the Montana Optics and Photonics Alliance. They support this initiative and there is a need for affordable highspeed connectivity. Mr. Johnson urged Commission to support. 08:00:33 PM Ken Fickler, Public Comment Mr. Fickler stated that he has a company that is part of Mr. Johnson’s Photonics group. His business employs nearly 50 people in the Valley. They are in favor. There is a need for access to affordable and sustainable internet. His company spoke with Charter and it is very expensive. He recently did a speed test and the outcome was a low internet speed. 08:02:46 PM Richard Wardel, Public Comment Mr. Wardel with TCT who is a service provider located in Wyoming. He worked with the City of Powell on their fiber network. There is a complexity of customers and requirements. Complexity is going through the roof. There are multiple layers of service. They are in favor of the proposal. 08:05:37 PM Chris Leonard, Public Comment Mr. Leonard stated that he has an internet company on Main street and employs 26 people. They are a dissatisfied internet customer. His company uses about 4,000 hours of internet per month. He is in favor of this proposal and there is a need something publicly owned. 08:06:47 PM Daryl Schliem, Public Comment Mr. Schliem, CEO of the Bozeman Chamber of Commerce stated that is critical for the City to look at a fiber network. The Chamber is a partner in the study. Cloud base computing will grow. They are behind the study. 30 December 15, 2014, Bozeman City Commission Minutes Page 10 of 14 08:08:30 PM Cheryl Ridgley, Public Comment Ms. Ridgley from Bozeman Deaconess Health Services stated that they are a supporting partner. This is an important initiative and it is vital to their operations and that they access other facilities and have 22 clinic locations. Affordability is paramount. 08:10:49 PM Ann Schloter, Public Comment Ms. Schloter spoke in support. Her business works with global customers where all of their work is done virtually. They need the internet service to keep pace with her business’s growth. 08:12:13 PM Brad Summers, Public Comment Mr. Summers from the Bozeman School District spoke in support because it provides a vision. 08:12:55 PM Bill Procunier, Public Comment Mr. Procunier has a professional IT support service here in Bozeman. Affordable broadband is a critical service in Bozeman. There is still a great room of improvement in current internet. Availability is an issue as well. It is important. Redundancy is huge, stability. He spoke in support. 08:15:39 PM Matt Johnson, Public Comment Mr. Johnson spoke in support and is member on the Chamber Board and a private business. He spoke regarding membership on the board in making sure there is a balance. 08:16:38 PM Jason Weathers, Public Comment. Mr. Weathers stated that he works for Charter. The hardest thing for them in regards to the high cost is access into a building. What is being discussed will benefit them as a provider. 08:18:11 PM Public Comment Closed. Mayor Krauss closed public comment. 08:18:17 PM Commission questions for Staff The Commission and staff discussed the difference between broadband and fiber, reducing cost per person, current internet services, TIF districts, how other communities are funding these types of projects, revenue stream, competing, timeframes, cost estimates, School board involvement, phasing and where we currently are with funding. 08:38:32 PM Motion to direct Community and Economic Development staff to return to the Commission with a proposed Bozeman Fiber Master Plan. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 08:39:03 PM Commission discussion on the Motion. Cr. Andrus stated that she supports this plan and it is a good idea. 31 December 15, 2014, Bozeman City Commission Minutes Page 11 of 14 Cr. Mehl stated that he supports the motion. Understands that this will be updated in the next year or two. The importance of tonight is education. Everything that we do is cloud based. There is importance of redundancy. He appreciates staff thinking about money and where it will come from. He is encouraged about meeting with Stakeholders. Cr. Pomeroy stated that this sounds like 21st century essential infrastructure. Mayor Krauss stated that details will matter. The issue to him is not to overpromise. He has run a redundant cable into the Museum and agrees with running it to big users. He would like to know if we address blight and it should be investigated. TIFs are due to blight. He doesn’t feel investment in Bozeman is lacking. Investment in this kind of infrastructure could be better. 08:49:07 PM Vote on the Motion to direct Community and Economic Development staff to return to the Commission with a proposed Bozeman Fiber Master Plan. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 4. 08:49:37 PM Resolution 4572, Memorandum of Understanding between the City of Bozeman and The Trust for Public Land regarding the Story Mill Community Park, a Land Purchase and Sale Agreement for the Park property, and a License Agreement for ongoing development activities by TPL  (Poissant) 08:50:36 PM Staff Presentation Parks and Recreation Director Mitch Overton gave the staff presentation for Resolution 4572, Memorandum of Understanding between the City of Bozeman and The Trust for Public Land regarding the Story Mill Community Park, a Land Purchase and Sale Agreement for the Park property, and a License Agreement for ongoing development activities by TPL. 09:02:56 PM Commission questions for Staff The Commission and Staff discussed inspection of the property. 09:03:44 PM Public Comment Mayor Krauss opened public comment. 09:03:51 PM Madie Pope, Public Comment Ms. Pope with the Trust for Public Land stated that she is committed to working on the master plan and continue to involve the public in the process. The group is enhancing habitat and are working hard on a match for grant funds. 09:06:06 PM Questions from the Commission 32 December 15, 2014, Bozeman City Commission Minutes Page 12 of 14 The Commission and Ms. Pope spoke regarding the 8 acre pocket neighborhood set aside and the affordable housing component in regards to this park area. 09:08:20 PM Public Comment closed. Mayor Krauss closed public comment. 09:08:32 PM Motion that having considered public comment and the recommendations of staff, I hereby move to adopt Resolution 4572 authorizing the City Manager to sign: (i) a binding Memorandum of Understanding with TPL describing the City’s and TPL’s respective obligations related to the Story Mill Community Park Project; (ii) a Real Estate Purchase and Sale Agreement for acquisition of the Park property by the City upon the City Attorney’s determination that all legal requirements have been met including approval by the City Attorney of an updated preliminary title commitment; and (iii) a License Agreement granting TPL limited rights to access the Park property after conveyance to the City for the purpose of its ongoing development activities and for fulfilling its obligations pursuant to the Memorandum of Understanding. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 09:09:21 PM Commission discussion on the Motion Cr. Mehl stated that staff worked hard on this. In regards to the match, promises are being fulfilled. Great to see the private public-partnership come together. Cr. Pomeroy agrees with Cr. Mehl. She really wants to see affordable housing in the area. 09:10:58 PM Vote on the Motion that having considered public comment and the recommendations of staff, I hereby move to adopt Resolution 4572 authorizing the City Manager to sign: (i) a binding Memorandum of Understanding with TPL describing the City’s and TPL’s respective obligations related to the Story Mill Community Park Project; (ii) a Real Estate Purchase and Sale Agreement for acquisition of the Park property by the City upon the City Attorney’s determination that all legal requirements have been met including approval by the City Attorney of an updated preliminary title commitment; and (iii) a License Agreement granting TPL limited rights to access the Park property after conveyance to the City for the purpose of its ongoing development activities and for fulfilling its obligations pursuant to the Memorandum of Understanding. Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 5. 09:11:09 PM Appointments to the Bozeman Area Bicycle Advisory Board  (Ulmen) 33 December 15, 2014, Bozeman City Commission Minutes Page 13 of 14 The Commission decided to take care of the Cemetery board appointments before this item. 09:12:24 PM Commission discussion 09:12:28 PM Motion and Vote to appoint Dillon Warn to the December 31, 2014 term position on the Bozeman Area Bicycle Advisory Board. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 09:13:42 PM Motion and Vote to appoint Zach Steffl to the vacant position on the Bozeman Area Bicycle Advisory Board that expires on December 31st, 2015. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 6. 09:11:54 PM Reappointments and Appointment to the Cemetery Advisory Board (Ulmen) 09:11:56 PM Motion and Vote to reappoint Scott Urban, Lowell Springer and Don Derby to the Cemetery Advisory Board and to appoint Marypat Zitzer to the vacant position on the Cemetery Advisory Board. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve I. 09:14:26 PM FYI/Discussion 1. Meeting this Friday at 3:30 p.m. with Local Legislators to begin the dialog for the upcoming legislative session. Mayor Krauss stated that he is interested in how water rights agreement in the western part of the state affects the city water rights. 34 December 15, 2014, Bozeman City Commission Minutes Page 14 of 14 2. Mr. Kukulski thanked Ms. Rosenberry for her and her team’s hard work on the CIP. 3. Cemetery Board and Staff have been approached about transferring land to the State for a National Veteran’s Cemetery. Mayor Krauss would like to see this discussed with the goals in January and to make it a priority. J. 09:17:23 PM Adjournment Mayor Krauss adjourned the meeting at 9:17 p.m. ______________________________ Jeffrey K. Krauss Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC City Clerk Approved on:____________________________ 35 Page 1 of 5 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, December 22, 2014 Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 12:02:28 PM Call to Order – Noon – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the Meeting to order at 12:02 p.m. B. 12:02:31 PM Pledge of Allegiance and a Moment of Silence C. 12:03:14 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. D. 12:03:21 PM Public Service Announcement – City Office Closures and Information for the Holiday Season (Ulmen) E. 12:04:59 PM Authorize Absence of Deputy Mayor Taylor 12:05:02 PM Motion and Vote to Authorize the Absence of Deputy Mayor Taylor Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 36 December 22, 2014, Minutes of the Bozeman City Commission Page 2 of 5 F. 12:05:12 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Addendum to the Professional Services Agreement of the Contract for Snow Removal Services Agreement of the Contract for Snow Removal Services for the Bozeman Public Library with Alpine Lawn Care (Goehrung) 3. Beer, Wine and Liquor License Renewals 2015 (Goodwin) 4. Certification of Delinquent City Assessments to the County (Clark/Neibauer) 5. Ellis View Estates Planned Unit Development Public Access Easement, located at 3601 Good Medicine Way File Z-14284 (Saunders) 6. Update on the Preservation Board's Plans for Historic Preservation Awards (Kramer) 12:05:17 PM City Manager Highlights City Manager Chris Kukulski gave an overview of each consent item. 12:06:24 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 12:06:27 PM Motion and Vote to approve Consent Items F. 1-6 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Absent Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve G. 12:06:45 PM Public Comment Mayor Krauss opened general public comment. No person commented. Mayor Krauss closed public comment. H. 12:07:09 PM Action Items 1. 12:07:12 PM Audit of Fiscal Year 2014 Financial Statements (Rosenberry) 12:07:26 PM Staff Presentation 37 December 22, 2014, Minutes of the Bozeman City Commission Page 3 of 5 City Controller Brian LaMeres began the Staff Presentation regarding the Audit of Fiscal Year 2014 Financial Statements. He then introduced Kyla Stafford from Anderson ZurMuehlen & Co. who will be giving the presentation. 12:08:43 PM Ms. Stafford Ms. Stafford explained that there are four parts to the audit. The first section is the Introductory section that includes a letter of transmittal to the Citizens of Bozeman and the City’s 30th Certificate of Achievement from the Government Financial Officers Association. The second section is the Financial section that includes the Auditor’s report with a clean opinion. The third section is the Management’s Discussion and Analysis which is required supplemental information including a financial comparative from year to year. The fourth section is the Basic Financial Statements. As far as significant things, there was an increase in cash position mostly due to the TOPS bond, and increase in landfill cost liability, an increase in pollution remediation liability, and a statement of activities debt forgiveness which was a loan that become a grant in the wastewater fund. Ms. Stafford then went over the Fund financial statements. She then went over the footnotes section of the Audit. Ms. Stafford then went over footnote 20. Staff has noted a change in this area and proposed amended language to the Motion. She then went over significant impacts to the financial statements. Ms. Stafford then highlighted the Auditor’s opinion including three findings. The first finding relates to budgetary amendments for the purchase of the armored vehicle. The second finding relates to federal compliance for reporting related to the Domestic Violence Assistance Program. Reporting did not occur but she does not feel this is a significant impact on the City. The third finding relates to timesheet documentation for the Domestic Violence Assistance Program. 12:21:45 PM Commission Questions for Staff The Commission and Staff discussed the requirements. 12:22:02 PM. Continued staff presentation Ms. Stafford spoke regarding the listing of significant findings, proposed adjustments and the special report on the Building Code. Deputy Chief of Police Rich McLane spoke regarding the findings and that they have a number of sub-recipients and have taken measures to make sure the findings are corrected. 12:22:49 PM Commission Questions for Staff The Commission and Staff discussed the affect of the findings. Ms. Stafford explained that the City has one year to remediate the finding. Ms. Rosenberry stated that Staff has had discussions and have put into place how to remedy all three findings. 12:23:35 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 38 December 22, 2014, Minutes of the Bozeman City Commission Page 4 of 5 12:23:37 PM Motion to accept the Comprehensive Annual Financial Report and results of the financial audit for fiscal year 2014 along with accompanying reports, including the proposed addition to Note 20, page 81, Story Mill Claims as noted by Staff. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 12:23:47 PM Commission discussion on the Motion 12:25:59 PM Vote on the Motion to accept the Comprehensive Annual Financial Report and results of the financial audit for fiscal year 2014 along with accompanying reports, including the proposed addition to Note 20, page 81, Story Mill Claims as noted by staff. Commissioner - I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve I. 12:26:21 PM FYI/Discussion 1. 12:26:24 PM Workforce Housing Ordinance Update (Thomas) Community Development Director Wendy Thomas was asked by the Commission to add a Resolution to the next agenda supporting her decision to suspend the Workforce Housing Ordinance for a longer period of time. 12:33:08 PM 2. Legislative Direction The Commission directed Staff to add this as an Action item 12:34:55 PM 3. Packet delivery on December 31st. J. 12:35:33 PM Adjournment Mayor Krauss adjourned the meeting at 12:35 p.m. ______________________________ Jeffrey K. Krauss Mayor ATTEST: 39 December 22, 2014, Minutes of the Bozeman City Commission Page 5 of 5 ______________________________________ Stacy Ulmen, CMC City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC City Clerk Approved on:____________________________ 40