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HomeMy WebLinkAbout03-02-2015 Archive City Commission Minutes V 9x THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,March 2,2015 Mayor- Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner- Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Stacy Ulmen and Deputy City Clerk Pearl Michalson. i A. 05:01:57 PM Call to Order—5:00 p.m. —Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 5:01 p.m. B. 05:02:10 PM Pledge of Allegiance and a Moment of Silence ; C. 05:02:58 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. 05:03:01 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Resolution 4582, relating to the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on behalf of Montana Instruments Corporation (Fine) a 3. Amendment to the Professional Services Agreement with Werwath Associates for the Affordable Housing study(Sutton) a 4. Upon the Director of Public Work's Review and Concurrence, the City Commission approves the Final Plat of the Block M Phase 2 Major Subdivision and Authorizes the Director of Public Works to execute the same on behalf of the City of Bozeman, Application P14056 (Cooper) _ a March 2,2015 Bozeman City Commission Mi naes 5. Sewer Pipeline and Access Easement and Agreement with Bozeman School District #7 to Accommodate the Installation of a Trunk Sewer Main from Durston Road, North across the School Property (Murray) IN a 6. Findings of Fact and Order for the Traditions Major Subdivision, Phase 2 & 3 Preliminary Plat,Application P14026 (Rogers) 4�3 7. Award the 2015 Aerial Photography Project to Sanborn for $45,300 and Authorize the City Manager to sign the Services Agreement (Henderson) a 05:03:04 PM City Manager overview of Consent Items. City Manager Chris Kukulski gave the overview of each consent item. 05:04:54 PM Public Comment Mayor Krauss opened public comment on the Consent agenda. No person commented. Mayor Krauss closed public comment. 05:05:13 PM Motion and Vote to approve Consent Items 1-7 as submitted. Deputy Mayor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy M!qyor- Carson Ta 1�Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve E. 05:05:32 PM Public Comment Mayor Krauss opened general public comment. 05:06:07 PM Ken Green,Public Comment Mr. Green stated that he handed out information regarding fluoride at a past meeting. He has combined and researched further information and went through his findings. 05:13:24 PM Rick Gale,Public Comment Mr. Gale spoke regarding the Community Alcohol and Drug Coalition program. He asked the City of Bozeman to partner in the program. 05:15:05 PM Public Comment Mayor Krauss closed public comment. F. Action Items 1. 05:15:10 PM Planning Fee Study Report and Recommendation (Thomas) a Page 2 of 15 March 2,2015 Bozeman Cite Commission Minutes 05:15:43 PM Staff Presentation Wendy Thomas, Director of Community Development began the staff presentation regarding the Planning Fee Study Report and Recommendation. She continued to speak of the concerns that arose at the prior meeting regarding this item. Ms. Thomas then highlighted the base fees that are proposed to be reduced, went over the fees proposed to be adjusted for inflation and increased and then addressed the Commission concerns of access to process, double counting advisory board time, known hard and soft costs, building permit fee on small projects and efficiency and fees. The Consultant spoke regarding the estimated costs related to overhead. Ms. Thomas then gave examples related to cost estimates. Ms. Thomas stated that there is a huge emphasis to simplify the fee process, create and update comprehensive data set and plan for known hard and soft costs in regards to training and technology. Ms. Thomas stated that the recommendation is to come back with a conservative cost increase, adjust annually and analyze the data in 2-3 years. 05:33:44 PM Commission Questions for Staff The Commission and Staff discussed the department becoming self sustaining, the hope of reducing the amount of funding from the general fund to support the Community Development Department, the theory of using "saved" funding from Community Development for support of affordable housing, the Design Review Committee costs, additional staff involvement paid out of different revenue streams in attending board meetings, to goal to get to an absolute cost recovery, conversations with other groups, j reclaiming projects, appeals of administrative decisions and access to the elected officials. 05:50:27 PM Public Comment Mayor Krauss opened public comment. 05:50:38 PM Dustin Johnson.Public Comment Mr. Johnson stated that he appreciates all of the work on this and spoke about the Design Review Committee costs and the amount of time of prep work by staff, the scaled fees for non-residential use in that they are proposed at a significant increase and where there is a point of diminishing return and should there be a CAP on those. Except for those items listed, otherwise positive. 05:53:15 PM Public Comment Closed. Mayor Krauss closed public comment. 05:53:22 PM Motion to hereby direct staff to bring to the City Commission a Resolution to approve the 2015 Planning Fee Schedule effective March 23, 2015, with a provision to incorporate annual updates to the fee schedule and to only apply to Community Development staff. Commissioner - Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Page 3 of 15 A1m•ch 2,2015 Bozeman City Commission Minutes 05:53:53 PM Commission Discussion on the Motion Cr. Mehl spoke regarding rolling averages and that Community Development is a different type of department because of complexity. We should stick to the Community Development Department first. He feels he is eliminating a hard edge by doing it this way. Different departments have different funding mechanisms. Mayor Krauss spoke regarding the costs related to appeals. He feels the cost is too high. Democracy is messy and not cheap. Should be $500 and that includes advertising is what he proposes. Appeals are sometimes necessary and they help the Commission understand the Code. He also has a concern regarding the huge jump in some of the current fees and proposed fees. Cr. Andrus wants to make sure that we are not forgoing other input by only applying to the Community Development Department. She likes the discussion pertaining to the CAP. In regards to the appeal, her suggestion is to keep it where it is. It seems to be working the way it is now. Deputy Mayor Taylor stated his concerns regarding only being able to quantify one area and those are the appeals and the concern of how to quantify staff time. As far as the CAP, he proposes that at some point it stops and it becomes a graduated or less graduated number. At some point the number gets too high for reality. He spoke regarding appeals and that we do not want to deprive people of access to the Commission, he would not be opposed to lowering the fee and look down the road. Cr. Pomeroy spoke regarding the complication of this and spoke of the base fee costs. She likes the simplification. 06:08:02 PM Amendment to the Main Motion that there will be no change in appeal (fees) as they are now. (No. 13 as listed under section II. Detailed Comparison Project Type) Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd 06:08:15 PM Commission Discussion on the Amendment Cr. Mehl stated that is easier to administer where it is now. Cr. Andrus reiterated. There is a desire to bring it down. Mayor Krauss stated that it is a difficult mountain to climb. He spoke regarding the barrier and the costs. It is a mountain to climb and is intimidating. 06:12:25 PM Vote on the Amendment to the Main Motion that there will be no change in appeal (fees) as they are now. (No. 13 as listed under section II. Detailed Comparison Project Type). Commissioner- Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Page 4 of 15 Alarch 2,2015 Bozeman Qj,Commission 111imdes Commissioner- I-Ho Pomeroy: Approve 06:12:55 PM Amendment to the Main Motion to direct staff to come back with a proposal for a graduated CAP on mixed use. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd 06:13:39 PM Commission Discussion Cr. Mehl stated that he hoped that staff would reduce the cost per the size of the project. Could come back in a year and state if it is working or not. Deputy Mayor Taylor stated that by adding a graduated number it will solve this issue and spoke of wanting some level of thought of where the points are in effort and level of staff where it is quantifiable per project. Some form of graduation is good. Mayor Krauss stated that it is a great point. The incremental thing is what we want to get to. 06:15:53 PM Vote on the Amendment to direct staff to come back with a proposal for a graduated CAP on mixed use. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta l�pprove Commissioner - Chris Mehl: Approve I Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 06:16:09 PM Discussion on the Main motion as amended. Cr. Mehl stated that we have the capacity to go data driven and is easily amendable and it strives to fairness. It the right thing to do to keep moving forward. Deputy Mayor Taylor stated that staff will come back with another calculation. He spoke regarding timing. Cr. Andrus stated that she appreciates the conversation. It is well worth it. Cr. Pomeroy supports. Mayor Krauss stated he supports and spoke of his appreciation of staff. He spoke regarding accountability. Efficiency is an issue. He appreciates the Commission going along with his suggested changes. He assured people that we can get something on the agenda if we need to. Most of the time they are accessible. He spoke regarding full cost recovery and the portion of the long range planning fees which is a cost of general government. There is also funding spread-out in regards to the application process. We subsidize a portion of applications. Part of this is in the general government. He does not see us getting to full cost recovery. Page 5 of 15 Alarch 2,2015 Bozeman Citp Commission Minutes 06:22:15 PM Vote on the Motion to hereby direct staff to bring to the City Commission a Resolution to approve the 2015 Planning Fee Schedule effective March 23, 2015, with a provision to incorporate annual updates to the fee schedule and to only apply to Community Development staff as amended. Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta lo�Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 2. 06:22:39 PM Provisional Adoption of Ordinance 1907, Authorizing the City Manager to enter into an Agreement with Montana Department of Transportation for the Sale and Conveyance of 0.2118 Acres of Land by Bargain and Sale Deed and Easement for the Rouse Avenue Reconstruction Project(Kerr) a 06:23:10 PM Staff Presentation City Engineer Rick Hixson gave the Staff presentation for the Provisional Adoption of Ordinance 1907, Authorizing the City Manager to enter into an Agreement with Montana Department of Transportation for the Sale and Conveyance of 0.2118 Acres of Land by Bargain and Sale Deed and Easement for the Rouse Avenue Reconstruction Project. 06:26:56 PM Commission Questions for Staff The Staff and Commission discussed the need for a 2/3 vote on this item, the timeline,the issue that the areas are not important to the City due to their location being adjacent to roadways. 06:28:13 PM Public Comment. Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:28:19 PM Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1907 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1907 ratifying the City Manager's signature on the Agreement to Sell andPureh ,. . Real Estate,Parcels 103 and 128 of the Rouse Avenue-Bozeman Project, with the Montana Department of Transportation (and include the rinding that the property is no longer needed for City use). Page 6 of 15 March 2,2015 Bozeman Cite Commission Minutes Commissioner- I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd 06:29:44 PM Commission discussion on the Motion Cr. Pomeroy stated that it is needed to expand. She stated that she is happy that the City will not be paying for the improvements to Rouse. Cr. Andrus stated that it is no longer needed by the City and that the money should be Deputy Mayor Taylor stated that the land is no longer necessary. He is voting for. Mayor Krauss spoke regarding the MDOT using the property for the use. 06:32:06 PM Vote on the Main Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1907 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1907 ratifying the City Manager's signature on the Agreement to Sell and a Real Estate, Parcels 103 and 128 of the Rouse Avenue - Bozeman Project, with. the Montana Department of Transportation (and include the finding that the Property is no longer needed for City use) Commissioner- I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mqyor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 3. 06:32:23 PM Request for Cash in Lieu of Parkland Dedication for the College &23rd Apartment Site Plan, 2205 West College Street, File Z14125 (Davis) a 06:32:31 PM Staff Presentation Staff Planner Heather Davis gave the staff presentation for the Request for Cash in Lieu of Parkland Dedication for the College &23rd Apartment Site Plan, 2205 West College Street, File Z14125. j 06:36:05 PM Commission Questions for Staff None. 06:36:16 PM Applicant Presentation The Applicant representative gave the applicant presentation for the Request for Cash in Lieu of Parkland Dedication for the College & 23rd Apartment Site Plan, 2205 West College Street, File Z14125. We are completing a project that was proposed ten years ago. The design fits with the approved College Street location. Page 7 of 15 i Alarch 2,2015 Bozeman Qj,Conunission Mirndes 06:37:38 PM Commission Questions for Applicant The Commission and Applicant discussed the commercial costs for the lot. The applicant spoke regarding the fact that this is a phase 2 of this existing project. The Applicant discussed his appreciation of park land and he and the Commission discussed other areas of donated land. The Commission spoke of the fair market value as listed in the Code and other parks in the area. The developer stated that he would like to work with the Commission on the cash-in-lieu. The Commission and Applicant discussed the parking lot and the fact that this is an infill project. 06:48:56 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:49:06 PM Questions for Staff and Commission Discussion The Commission and Staff discussed the Cash-in-lieu calculations and fair market value as well as the State Statute and City Code provisions in regards to fair market, the process of final approval and how it will work including the review of the off-set dedication, instructions for criteria, 06:59:48 PM Motion that having considered the information provided by staff, considered public comment, and considered all of the information presented, I hereby move to continue this item no later than April 13t1' and would ask the staff to meet with the Developer to look for a parkland dedication that is close to proximity to this proiect that would perhaps be built on to an additional park or placing a park in an under- served area. Commissioner - Cynthia Andrus: Motion Deputy Mqyor- Carson Taylor: 2nd 07:02:08 PM Commission Discussion on the Motion Mayor Krauss has an interest of State law etc. in setting fair market. He is willing to change the City code to a fair market value. 07:04:47 PM Vote on the Motion that having considered the information provided by staff, considered public comment, and considered all of the information presented, I hereby move to continue this item no later than April 13°i and would ask the staff to meet with the Developer to look for a parkland dedication that is close to proximity to this proiect that would perhaps be built on to an additional park or placing a park in an under-served area. Commissioner - Cynthia Andrus: Motion Deputy Mayor - Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Page 8 of 15 March 2,2015 Bozeman 00,COnullission D1inZdes Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 07:05:03 PM Break Mayor Krauss called for a break. 07:19:10 PM 4. Findings of Fact and Order for The Crossing at Baxter Meadows, Phase 4a Major Subdivision Preliminary Plat,Application P14027 (Quasi Judicial) (Rogers) t4z 07:19:14 PM City Attorney Greg Sullivan Mr. Sullivan highlighted what the Commission will be doing per this Action. He stated that Findings of Fact highlight the Commission's action. Typically these are on the Consent Agenda. 07:21:22 PM Staff Presentation Staff Planner Tom Rogers stated that he was available for questions pertaining to the Item. He does not have a formal presentation prepared as this was already before the Commission. 07:22:15 PM Commission questions for Staff The Staff and Commission discussed the amended findings of fact and discussed clarification about the conditions of approval, specific time lines for the record for the commission to consider and the prior 3 votes against the Subdivision. 07:24:32 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 07:24:48 PM Motion that having reviewed and considered the "Amended"Findings of Fact and Order, public comment, and all the information presented I move to Authorize the Mayor to sign the Findings of Fact and Order for The Crossing at Baxter Meadows, Phase 4a Major Subdivision Preliminary Plat Application, with the exception of chanzinz the lanzwee on pale 14 of 21 to read rather than "with conditions of approval complies with the Uniformed Development Code"to read: "with conditions of approval failinz to comply with the Uniformed Development Code", Deputy Mayor - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd 07:25:55 PM Commission discussion on the Motion The Commission discussed the findings held by the Commission and that for the record there is a change to the findings of fact. r C c L, Page 9 of 15 G' i March 2,2015 Bozeman City Commission Minutes 07:28:05 PM Vote on the Motion that having reviewed and considered the "Amended" Findings of Fact and Order,public comment, and all the information presented I move to Authorize the Mayor to sign the Findings of Fact and Order for Tire Crossing at Baxter Meadows, Phase 4a Major Subdivision Preliminary Plat Application, with the exception of changing the language on page 14 of 21 to read rather than "with conditions of approval complies with the Uniformed Development Code"to read: "with conditions of approval failing to comply with the Uniformed Development Code' Deputy Mayor- Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Mayor- Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Disapprove Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 07:28:22 PM 5. The Sundance Minor Subdivision Preliminary Plat to Subdivide 28.210 Acres to create Four (4) Commercial lots, one (1) Open Space Lot, and the remaining Area as Street Rights-of-way, Application P14052 (Quasi Judicial) (Rogers) a 07:29:03 PM Staff Presentation Staff Planner Tom Rogers gave the Staff presentation for The Sundance Minor Subdivision Preliminary Plat to Subdivide 28.210 Acres to create Four (4) Commercial lots, one (1) Open Space Lot, and the remaining Area as Street Rights-of-way, Application P14052. 07:34:38 PM Commission Questions for Staff The Commission and Staff discussed conditions for 42 and if 18 and 31 are the same, condition 24 as well, clarification about the traffic as well as park land, residential mixed use, specific exemptions in this case, the growth policy and park land dedication in a residential area. 07:41:24 PM Applicant Presentation Applicant Representative Jason Leep gave the Applicant presentation for The Sundance Minor Subdivision Preliminary Plat to Subdivide 28.210 Acres to create Four (4) Commercial lots, one (1) Open Space Lot, and the remaining Area as Street Rights-of- way, Application P14052. He is proposing to install a road as well as sewer. Mr. Leep's view is that no matter what happens to the B-2 grounds,the roads need to be put in. 07:49:19 PM Commission Questions for Applicant The Commission and Applicant discussed the provisions in the staff report. 07:50:26 PM Public Comment Mayor Krauss opened public comment. Page 10 of 15 March 2,2015 Bozeman Cif),Commission Alintrtes No person commented. Mayor Krauss closed public comment. 07:50:38 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 P14052 and move to approve the Sundance minor subdivision with conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 07:50:48 PM Commission discussion The Commission discussed commercial development and its implications, affordable housing, when developments are successful, there is an increase in traffic and the need to be realistic about what we are doing. 07:56:02 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 P14052 and move to approve the Sundance minor subdivision with conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta lo�pprove Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve j Commissioner- I-Ho Pomeroy: Approve i 07:56:22 PM 6. Bridger Center LLC request for the City Commission to Initiate I Eminent Domain Proceedings against the Private Park in Bridger Creek Phase 1 to Provide Utility and Emergency Access for development of Certificate of Survey 885 (Thomas/Woolard) NCD I 07:57:12 PM- Staff presentation Community Development Director Wendy Thomas gave the Staff Presentation for the k Bridger Center LLC request for the City Commission to Initiate Eminent Domain Proceedings against the Private Park in Bridger Creek Phase 1 to Provide Utility and Emergency Access for development of Certificate of Survey 885. Ms. Thomas discussed the extent of power in regards to this matter. 47 public comments have been submitted on behalf of this topic.Notification was given to property owners about this topic. Page 11 of 15 I' Alarch 2,2015 Bozeman City Commnission Alinutes 08:00:44 PM Commission Questions for staff The Commission and Staff discussed the wetland area, county land being annexed to the city, the commercial access to the site, utilities, eminent domain and what that means for annexation,the flood plain as is relates to this property,the clarification between eminent domain and utility use,the plotting process and fire access. 08:15:35 PM Applicant Presentation The Applicant representative gave the presentation for the Bridger Center LLC request for the City Commission to Initiate Eminent Domain Proceedings against the Private Park in Bridger Creek Phase 1 to Provide Utility and Emergency Access for development of Certificate of Survey 885. She spoke about the history of this property back in 2002. Based on the history of the past, the applicant can't annex this to the City or get the utilities or fire access without getting approval from the City. According to their engineers they need a pipe built in order to get water. 08:20:37 PM Commission questions for the Applicant The Commission and Applicant discussed the Applicant's need for the this annexation to be approved, what may occur if annexation is not granted,the current zoning designation, the fire access, the question of the applicant working with the neighbors to try to solve their concerns against this proposal and the applicant's efforts in trying to work with the neighbors. 08:33:05 PM Public Comment Mayor Krauss opened public comment. 08:33:20 PM Sharon Anhault,Public Comment Ms. Anhault stated that she is the HOA Representative for homeowners along the plat. Ms. Anhault stated that this plat will run across a spring creek wetland area. The west of Bowling drive was never intended to have buildings there. The homeowners do not want to have buildings there. The ground water is very high and in the past, issues have existed additionally in the past,there have been fire issues. 08:39:38 PM Joshua Guarriuse,Public Comment Mr. Guarriuse stated that there is a trail along there that he doesn't want to lose if this annex is granted. 08:40:39 PM Gree Guarriuse,Public Comment Mr. Guarriuse stated that the land chosen across from the property being considered for annexation was specifically chosen due to the fact that they assumed there would be no buildings there. A loss of trails and character as well as a natural feel would happen if this annexation is granted. He feels this property should be characterized as PLI and make it a benefit as opposed to a profit for the community. Page 12 of 15 March 2,2015 Bozeman Q),Commission A9iindes 08:45:06 PM Stuart Jennings,Public Comment Mr. Jennings stated that he has lived in the subdivision for 20 years. The parkland has been built by the homeowners through HOA. The community loses the investment that they have put in. 08:48:50 PM Jean Trombly,Public Comment Ms. Trombly opposes the eminent domain because it cannot be used for private use. 08:49:49 PM Karen Jennings,Public Comment Ms. Jenning stated that the land does not allow for much additional use aside from fill due to access issues. 08:51:08 PM Paul Boyland, Public Comment Mr. Boyland stated that this land has a lot of history behind it. The issue that he has with this property is that there is not much land to develop on. Mr. Boyland has witnessed water issues on this property as well. 08:53:35 PM Ernie Vies,Public Comment Mr. View stated that he is opposed to the eminent domain because it runs right next to a park. 08:54:52 PM Robert Bullock,Public Comment Mr. Bullock stated that all the homes have sump pumps. This property is close to the Gallatin River and there is a park nearby as well. This is a nature reserve yet, the area is subject to a lot of water issues. When the issue came up, there was more of a threat than working with neighbors. 08:57:11 PM Fay Boom,Public Comment Ms. Boom stated that there is a lot of wild life that needs to be protected that live in this area. 08:58:12 PM Public Comment closed Mayor Krauss closed public comment. i 08:58:27 PM Applicant rebuttal Applicant representative Eric Nelson spoke about the courses of action that could be taken in order to gain access. A zoning application was submitted a year ago in order to make annexation viable. All issues that have been voiced by residents have been considered. Mr.Nelson discusses his resolutions and visions concerning the problem. 09:05:21 PM Motion that having considered the request of Bridger Center LLC to initiate eminent domain proceedings for the establishment of utility and emergency vehicle access to COS 885 across the Public Park in Bridger Creek Phase 1 and having considered public comment, I hereby move to authorize the City Attorney to prepare for the Commission a resolution initiating condemnation proceedings as requested by Bridger Center LLC. Page 13 of 15 March 2,2015 Bozeman Cif),Commission Minutes Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Ta, lo�pprove Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - 1-Ho Pomeroy: Approve 09:06:09 PM Commission discussion on the Motion Cr. Pomeroy has gone through all the public comment and feels that the public benefit in this area is correct per the applicant cross referenced by staff research. Services are more efficient and accessible if this property is annexed. Commissioner Pomeroy has done extensive research on the public benefit, and the protection of the wetlands in this case. Based on this, is in support of the annex. Cr. Andrus feels eminent domain should not be used for private reasons.Not in support Deputy Mayor Taylor stated that after considering public comment, feels that the use of eminent domain should not be considered lightly and feels that this project would be done to provide services to residents. Considering all evidence, is curious to know what the rest of the commission members think. Mayor Krauss discussed the transfer and purchase of development rights. Eminent Domain at city expense can turn into a lawsuit. Money also needs to be in the budget in order to buy the property which Mayor Krauss is not interested in. Mayor Krauss agrees with the points that Commissioner Pomeroy has made however he does not support eminent domain for a private entity. Cr. Mehl spoke regarding eminent domain feels like a forced action. The city has a policy that lakes around land is usually annexed yet recognizes that someone bought this as private property. Considering all the evidence, Commissioner Mehl is not in favor. 09:33:30 PM Vote on the Motion that having considered the request of Bridger Center LLC to initiate eminent domain proceedings for the establishment of utility and emergency vehicle access to COS 885 across the Public Park in Bridger Creek Phase I and having considered public comment,I hereby move to authorize the City Attorney to prepare for the Commission a resolution initiating condemnation proceedings as requested by Bridger Center LLC. Commissioner - I-Ho Pomeroy: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Disapprove Commissioner - Chris Mehl: Disapprove Commissioner - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve Page 14 of 15 dlorch 2,2015 Bozeman Q),Commission Minutes 09:34:20 PM G. FYI/Discussion (1) Meeting is cancelled next week, letter written to the water compact per the Mayor. The meeting on March 30 will occur based on review of staff items. (2) Letter written for water compact from the Mayor. (3) Northwestern Energy Meeting on March 16"'. Push this meeting as late as possible 09:38:44 PM H. Adjournment Mayor Krauss adjourned the meeting at 9:38 p.m. Jeffrey,K. Krauss 0 ' ,'',Mayor A T: ati y - c � tay; JImeny;CMC Clerk "11V c o BY: a y Ulmen, CMC City Clerk Approved on: i Page 15 of 15