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HomeMy WebLinkAboutAttachment 5 02-23-2015 Archive City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, February 23, 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. A. 06:00:47 PM Call to Order— 6 p.m. — Commission Room, City Hall, 121 North Rouse Mayor Krauss called the Meeting to order at 6 p.m. B. 06:00:52 PM Pledge of Allegiance and a Moment of Silence C. 06:01:43 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated that the Motion and Vote language for Action item number 3 will need to be changed to final adoption. D. 06:02:24 PM Minutes-Regular City Commission Minutes from February 2°d and February 9th, 2015 06:02:30 PM Motion and Vote to approve the Regular City Commission Minutes from February 2nd and February 9th, 2015 as submitted. 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: Approve Commissioner - I-Ho Pomeroy: Approve f A Page 1 of 16 Februny 23,2015,Bozeman 00 Commission Dlinutes E. 06:02:55 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approval of Depository Bonds and Pledged Securities as of December 31, 2014 (Clark) 3. Grant Application for 2015 Montana Air and Congestion Initiative (MACI) Equipment Purchase Program to purchase a Mechanical Sweeper, Vacuum Sweeper and a Combination Sander Unit for the Streets Department (VanDelinder) 4. Amendment to Professional Services Agreement with Tetra Tech Inc. for work on the Corrective Measures Assessment and Leachate Tank at the Story Mill Landfill (Hixson) 5. Enterprise Services Agreement with WattzOn for Technology Platform, Website and Technical Assistance for the Bozeman Energy Smackdown (Higinbotham) 6. Agreement between City of Bozeman and the Bozeman Sports Park Foundation, Inc. for the Bozeman Sports Park Project(Poissant) 7. Highway Easement from Montana State University to allow for Re- construction and Signalization of the Intersection of South 19th Avenue and West Garfield Street(Kerr) 06:02:58 PM City Manager Overview City Manager Chris Kukulski gave an overview of each Consent Item as listed. 06:04:51 PM Public Comment Mayor Krauss opened public comment on the Consent Agenda. No person commented. Mayor Krauss closed public comment. 06:05:05 PM Motion and Vote to approve Consent Items 1-7 as submitted. Deputy Mayor- Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta l�orApprove Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve F. 06:05:26 PM Public Comment Mayor Krauss opened General public comment. No person commented. Mayor Krauss closed public comment. Page 2 of 16 February 23,2015,Bozeman City Commission Minutes G. 06:06:05 PM Action Items 1. 06:06:07 PM Zocalo Coffee House On-Premises Consumption Conditional Use Permit Application, required due to a Request for Permission of On-premise Consumption of Alcohol through a Beer and Wine State Alcohol License at 117 East Main Street(Quasi Judicial) (Brekke) 06:06:21 PM Staff Presentation Allyson Brekke, Staff Planner gave the Staff presentation for the Zocalo Coffee House On-Premises Consumption Conditional Use Permit Application, required due to a Request for Permission of On-premise Consumption of Alcohol through a Beer and Wine State Alcohol License at 117 East Main Street. 06:10:50 PM Commission questions for Staff None. 06:11:02 PM Applicant Presentation The Applicant representative stated that he was available for questions. 06:11:21 PM Commission questions for Applicant The Commission and Applicant discussed the business hours. Conditions have been read by the Applicant. 06:12:59 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:13:09 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 Z14363 and move to approve the Zocalo Coffee House On Premises Consumption Conditional Use Permit to allow on premises consumption of alcohol, through a beer and wine alcohol license, in the tenant space addressed as 117 East Main. Street with recommended conditions and subject to all applicable code provisions. Commissioner- Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd F 06:13:41 PM Commission discussion on the Motion Cr. Andrus supports the application and it meets the criteria. a. This is an area where we want these types of services. 06:13:59 PM Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the Page 3 of 16 i February 23,2015,Bozeman 00 Commission Minutes findings presented in the staff report for application Z14363 and move to approve the Zocalo Coffee House On-Premises Consumption Conditional Use Permit to allow on- premises consumption of alcohol, through a beer and wine alcohol license, in the tenant space addressed as 117 East Main Street with recommended conditions and subject to all applicable code provisions. Commissioner - Cynthia Andrus: 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 2. 06:14:17 PM Zakovi Conditional Use Permit Application to allow the Expansion of Non-conforming Uses and Modify previously approved Site Conditions to allow Industrial Uses within an R-2 (Residential Two- Household Density District) area located at 417 Plum Avenue, Original File Z91101 and Current File Z14346 (Quasi Judicial) (Rogers) 06:14:53 PM Staff Presentation Tom Rogers, Staff Planner gave the Staff presentation for the Zakovi Conditional Use Permit Application to allow the Expansion of Non-conforming Uses and Modify previously approved Site Conditions to allow Industrial Uses within an R-2 (Residential Two-Household Density District) area located at 417 Plum Avenue, Original File Z91101 and Current File Z14346. 06:29:09 PM Commission Questions for Staff The Commission and Staff discussed parking spaces, loading and unloading areas, frequency of deliveries, where the deliveries occur on the property, the requirements for industrial uses, the process of the foundry, noise, smoke and fumes, heat, the risk of fire, building and fire code compliance, air pollution, prior City approval for this property, structures erected without a building permit, the fact that the area used to be zoned for Manufacturing, when the zoning changed in the area, the timing of the R-2 Zoning change, the difference between R-3 and R-2 zoning designations, what will occur if these items are not approved, evaluations of complaints, venting, emissions, the timing of the R-3a Zoning, neighborhood notification, the structures in 1992 and what has occurred since, the applicant's prior building permit, the fact that the City is complaint driven, the encroachment request onto the right-a-way on Plum street that was denied previously by the City Engineer, screening, outdoor storage and the process of approval or denial of this item. 06:48:11 PM Applicant Presentation Applicant Zak Zakovi gave his presentation for the Zakovi Conditional Use Permit Application to allow the Expansion of Non-conforming Uses and Modify previously Page 4of16 Februai),23,2015, Bozeman City Commission Alimrtes approved Site Conditions to allow Industrial Uses within an R-2 (Residential Two- Household Density District) area located at 417 Plum Avenue, Original File Z91101 and Current File Z14346. 06:57:04 PM Commission questions for the Applicant The Commission and Applicant discussed how the sculptures could be created without having a foundry, types of metals used in the foundry and the process of use within the foundry, locations of concrete pads within the City right-a-way, the fact that the concrete pads are moveable, attempts with working with the neighbors, what occurred between 2007 and 2015, the rehab of the studio in order to reduce impacts on his body, the evolution of his art, the increase in the amount of structures since the City approval of one, the prior requirement for screening, the discussion of being subjective, the scale of the operation,welding and fabrication and neighbor relations. 07:16:56 PM Continued Applicant presentation Mr. Goetz whom is representing the Applicant discussed the current neighborhood setup, fairness, the fact that other neighbors are encroaching in the area, the fact that the neighbor received an encroachment permit and the City process of approval. 07:21:39 PM Break Mayor Krauss called for a break. 07:31:20 PM Meeting called back to order Mayor Krauss called the meeting back to order. 07:31:33 PM Public Comment Mayor Krauss opened public comment. 07:31:45 PM Eric Funk,Public Comment Mr. Funk spoke regarding Bozeman being highlighted as an Artistic community and advocated for Mr. Zakovi. He spoke regarding Zakovi's community efforts over the years. He spoke regarding Mr. Zakovi's quality of life and the existing area being labeled as an artistic bohemian area. This is about Art and Art in Bozeman. 07:35:01 PM Tate Chamberlin,Public Comment Mr. Chamberlin stated that we need more space for art. He spoke regarding the Sculpture park and advocated an area to create. 07:35:49 PM Jennie Leaf,Public Comment Ms. Leaf likes Mr. Zakovi's art but has a problem with giving up public right-of-way. She spoke regarding of pedestrian safety. It has been an engineering problem. She is against giving up the right-of-way and opposes a foundry in a residential neighborhood. This is not just for his work but other artists he may be taking on as well. She does not support. Page 5 of 16 Februag 23,2015,Bozeman 00,Commission Alinutes 07:38:01 PM Frank Sinkin,Public Comment Mr. Sinkin stated that he has been in Bozeman since 1971 and is an Architect and spoke regarding changes in Bozeman since that time. He spoke regarding the quality of life aspect that draws people to Bozeman. The spirit of this place draws people. We need more art. This makes Bozeman a special place to live. He urged the Commission to allow the garden to remain a precious jewel in our City. 07:41:15 PM Christopher Nixon,Public Comment Mr. Nixson spoke regarding this being turned into an emotional item. To him it is a health and safety concern and spoke regarding the need of having a safe pedestrian public walking space. He has concerns about the foundry. He spoke regarding the permit issued in 1991. He does not see the M-2 use in a residential area. He wants to know if there was a lawsuit back in 1991 regarding the foundry. 07:44:38 PM Public Comment closed. Mayor Krauss closed public comment. 07:44:59 PM Applicant rebuttal Mr. Zakovi spoke regarding the 1991 use of his property. He encourages anyone to walk through his sculptures on his property. He stated that when the City needs the right-of- way to improve Plum Avenue he will remove the items. 07:46:36 PM Commission questions from Staff The Staff and Commission spoke regarding if there was a prior lawsuit. Mr. Zakovi spoke regarding the prior Bozeman Bronze business. Mr. Rogers spoke regarding the original approval. The Staff and Commission continued to discuss the conditions as set forth in the past in 1991. The zoning of the property and the uses on the property as the zoning has changed through the years, the timeframe of the building permits, the building code requirements and enforcement, when the zoning of R2a and R3a were eliminated, what occurs when this use ceases, the encroachment on the other side of the street and the outcome of a review by staff when they received a complaint. 08:00:50 PM Commission Discussion Mayor Krauss stated that he doesn't have an issue with the foundry, the fact that welding impacts the environment more than the foundry. The issue for him is not so much the encroachment, unsightly piles but more so the quality of life and spirit. The Application falls apart in quality of life and spirit of this place. He spoke regarding the neighbor's complaint of altercations with Mr. Zakovi. It is different in the City than out in the Country atmosphere. The number one item is respect. He is not sure how to mitigate that. Looking at the facts, there are some reasons to allow some of this. He will remove the sculptures when the City needs the road. Granting the items requires an act of faith and cooperation including respecting the people around us. He has a hard time having this confidence. Deputy Mayor Taylor stated that when uses are grandfathered in and zoning is changed, they have to continue. He spoke regarding the non-conforming uses. He stated that it is an expansion of manufacturing and will vote against that. The display in the front yard, Page 6 of 16 FebruaiY 23,2015, Bozeman Cily Commission Dlinutes there is a lot of front yard there. The encroachment is the issue but is persuaded by Mr. Goetz that what is fair is fair. There is one on one side. Encroachment permits and the meaning behind them. He spoke regarding the street in the area not being very wide and there are pedestrians in the area. It is more of a safety issue that he is not sure he wants to take on. He spoke regarding his prior legal background. He is interested in some kind of agreement on the encroachment line. As far as the storage of materials, we are a complaint driven City and is more of an aesthetic issue than a safety issue. The question is what the rules are. Cr. Pomeroy stated that this is difficult for her because of supporting art and spoke regarding her family's background in this field but we have to get along with our neighbors. The Community has changed. She spoke regarding the noise problem and air pollution and fire risk. She will not support those. As far as display of merchandise, as long as he works with neighbors she supports. She will not support the storage of materials. Cr. Andrus stated that expanding the manufacturing is not reasonable. She spoke regarding the reasons why but doesn't feel it contributes to the neighborhood. She feels as far as the encroachments but that he needs to comply to the requirements back in 1991, and take the items from the right-of-way. As far as the storage of materials, it is subjective. Her concern is that she wants to live in a community where we can get along so we don't have to discuss this at a Commission level. She asked that he moves his items from the right-of-way and move it onto his property. Cr. Mehl stated that he has prior foundry experience and the first motion is the hardest for him. What has occurred over 20 years in the area. The area is now residential. He is ok with what he has now in terms of the setback but suggests that if anything else is added, everything will go away. Fair is fair. For the screening, we make everyone screen. Being in art is a noble profession. Can't value one use over another. It is an essence of fairness. The Commission is the last resort. Freeze this in place and move on. 08:24:18 PM Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z14346 and move to allow tine expansion of on-site manufacturing through the establishment of a foundry finding the expansion is reasonable, natural and incidental to the growth and use of an existing business with recommended conditions and subject to all applicable code provisions. Motion made by Cr. Mehl but failed due to lack of second. 08:25:23 PM Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby reiect the findings presented in the staff report for application Z14346 concerning the proposed expansion of on-site manufacturing through the establishment of a foundry. E Commissioner - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Page 7 of 16 Februag 23, 2015,Bozeman Cit.),Commission Minutes 08:26:18 PM Commission discussion on the Motion Cr. Mehl stated that this application is 23 years old and no progress has been made towards it. It has been R-2 and is not incidental to a residential area; he feels it should be rejected. Deputy Mayor Taylor does not feel it is reasonable. The neighbor dispute is not part of his decision. Mayor Krauss stated that to him the way the property exists now seems part of the sculpturing process. He spoke regarding the R-2 zoning. He sees some precedent. 08:28:19 PM Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby reject the findings presented in the staff report for application Z14346 concerning the proposed expansion of on-site manufacturing through the establishment of a foundry. Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Disapprove Deputy Mayor- Carson Ta lo�pprove Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 08:30:45 PM Amendment to the Motion to add to the end of Condition 11 If any new structures is located in the right of way or other setback without prior approval the terms of the 1991 agreement regarding structures will take effect. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 08:33:30 PM Commission discussion on the Amendment Cr. Mehl stated that he respects Mr. Zakovi as an artist but that he wants to freeze this in place. Cr. Andrus stated that she is not going to support the motion. The applicant has demonstrated that he did not comply with the City in the past.Need somebody on Staff to oversee this. Wants the structures moved into the red line. This does not serve the public. Mayor Krauss stated that as far as the setback, there is an operation going on there and to display wares doesn't seem too extreme. There are other areas where wares are in the setback in the City. Deputy Mayor Taylor appreciates the point that Cr. Mehl is making but his concern is safety in regards to the street. He will vote against the Amendment as stated but suggests that we authorize an encroachment within 1Oft from the pavement. From a safety standpoint it is good enough. Cr. Pomeroy spoke regarding Zakovi respecting the setback and that this would mean he has to move his sculptures behind the red lines Page 8 of 16 February 23,2015,Bozeman City Commission Adinutes 08:41:21 PM Amendment withdrawn. Cr. Mehl withdrew his amendment. 08:41:29 PM Motion to modify Condition 11 that: "no structure or display of manufactured goods shall be located within 10 feet of the pavement of Plum unless an encroachment,permit is approved and issued by the Director of Public Works. No new structure or display of manufactured goods shall be added to the rest of the setbacks without prior approval. Commissioner- Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 08:42:18 PM Commission discussion on the Motion Deputy Mayor Taylor stated that he wants the Commission to decide on the encroachment permit. 08:45:36 PM Vote on the Motion to modify Condition 11 that: "no structure or display of manufactured goods shall be located within 10 feet of the pavement of Plum unless an encroachment permit is approved and issued by the Director of Public Works No new structure or display of manufactured goods shall be added to the rest of the setbacks without prior approval." Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Manor- Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve �ove 08:45:59 PM Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt thefindings presented in the staff report for application Z14346 and move to allow the placement of structures as per conditions in the staff report and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 08:47:12 PM Commission discussion on the Motion Cr. Mehl stated that nothing can be within 10feet from the pavement Plum. Everything can remain in place but no new net structures. Moving around structures are ok but not adding anything additional Page 9 of 16 Februm),23,2015,Bozeman City Commission Dlinides 08:47:52 PM Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z14346 and move to allow the placement of structures as per conditions in the staff report and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve 08:48:09 PM Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z14346 and move to require all raw materials used for fabrication of goods allowed under this CUP to be screened from view as required by Section 38.23.160, BMC with recommended conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 08:48:50 PM Commission discussion on the Motion Cr. Mehl stated that this is extending the same rules and regulations as in other zoning designations. Deputy Mayor Taylor supports the Motion. 08:49:35 PM Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z14346 and move to require all raw materials used for fabrication of goods allowed under this CUP to be screened from view as required by Section 38.23.160, BMC with recommended conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta 1�Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Disapprove Page 10 of 16 February 23,2015,Bozeman 00,Commission Ifinutes 08:49:52 PM Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, (in light of 4 motions voted on by the City Commission) I hereby adopt the findings presented in the staff report for application Z14346 and move to approve the Zakovi conditional use permit with recommended conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 08:50:21 PM Commission discussion on the Motion Mayor Krauss stated that this is essentially to leave in place, add some screening and move 1 Oft back from Plum Street. 08:53:17 PM Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, (in light of 4 motions voted on by the City Commission)I hereby adopt the findings presented in the staff report for application Z14346 and move to approve the Zakovi conditional use permit with recommended conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion i Commissioner- I-Ho Pomeroy: 22nd Mayor - Jeff Krauss: Approve Deputy Mqyor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 3. 08:53:49 PM Final Adoption of Ordinance 1906, an Ordinance Ratifying the City Manager's Signature on an Amendment to the Original Purchase and Sale Agreement Transferring Ownership of the North Park Property to Micropolitan Enterprises, LLC and Powder River Comp., LLC (415 vote of the Conw7ission required) (Kukulski) f 08:54:35 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:54:58 PM Motion that having provisionally adopted Ordinance 1906 on February 2, 2015 by a vote of 4 - 1, conducted a second 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 1906 and findings enumerated in the Staff memo and articulated by the Commission during discussion, I hereby move to Finally adopt Ordinance 1906 ratifying the City Manager's signature on the amendment to the original Agreement to Sell and Purchase Real Estate, the North Park property, with Micropolitan Enterprises,LLC and Powder River Company,LLC, Page 11 of 16 February 23,2015, Bozeman City Commission DLimttes Commissioner- I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 08:56:17 PM Discussion on the Motion Cr. Pomeroy stated that she originally voted no but has changed her vote. 08:56:50 PM Vote on the Motion that having provisionally adopted Ordinance 1906 on February 2, 2015 by a vote of 4 - 1, conducted a second 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 1906 and findings enumerated in the Staff memo and articulated by the Commission during discussion, I hereby move to Finally adopt Ordinance 1906 ratifying the City Manager's signature on the amendment to the original Agreement to Sell and Purchase Real Estate, the North Park property, with Micropolitan Enterprises, LLC and Powder River Company, LLC. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta loy r: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 4. 08:57:05 PM Resolution 4580, a joint resolution between the City of Bozeman and Gallatin County establishing an Advisory Committee to explore Gallatin County and City of Bozeman Cooperation on Joint improvements at the Law and Justice Center Campus (Kukulski) 08:57:21 PM Staff Presentation Mr. Kukulski began the Staff presentation for Resolution 4580, a joint resolution between the City of Bozeman and Gallatin County establishing an Advisory Committee to explore Gallatin County and City of Bozeman Cooperation on Joint improvements at the Law and Justice Center Campus. Deputy Mayor Taylor spoke regarding the 2018 date which is the last possible date. It will be dependent on what is decided to build. 09:01:38 PM Commission questions for the Staff The Commission and Staff discussed the possibility adding Citizens and Representatives to the Steering Committee, the fact that we are currently leasing space from the County, the advantage and disadvantage of the current lease arrangement, the County possibly building and we pay into it, the fact that those types of scenarios will be investigated by the Steering Committee, the fact that this meeting should be open to the public but the fact that this is a Committee. Page 12of16 Februaiy 23,2015,Bozeman City,Commission Alinutes 09:07:02 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 09:07:13 PM Motion that both the current Mayor and the next Mayor be the City's Representatives to this group. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd 09:08:01 PM Commission Discussion Mayor Krauss spoke regarding the fact that the City would pay twice if County moved forward, he will do his best to keep this as a public meeting. Cr. Mehl spoke regarding adding the current Mayor and future Mayor positions on this committee. Cr. Andrus stated that it would be great to have Krauss's institutional knowledge. 09:10:37 PM Vote on Motion that both the current Mayor and the next Mayor be the City's Representatives to this group. Commissioner- Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve �ove Deputy Mayor - Carson Ta loop Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 09:11:00 PM Commission Discussion Cr. Mehl spoke regarding the July 1"deadline and the 2018 is the last possible date. I 09:13:43 PM Motion that having considered public comment and the information presented by staff, I hereby move to authorize the Mayor to execute Resolution No. 4580, establishing an advisory committee to explore Gallatin County and City of Bozeman cooperation on joint improvements at the Law and Justice Center campus. Commissioner - Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd E 09:14:44 PM Commission discussion on the Motion j Cr. Pomeroy spoke regarding adding Citizen representatives. Page 13 of 16 February 23,2015,Bozeman Cif),Commission Minutes Cr. Mehl spoke regarding scheduling in that it could be an issue with public representatives. Deputy Mayor Taylor stated that there was once a citizen board that led to where we are now. This group will be more detailed. Cr. Andrus spoke regarding collaboration. Mayor Krauss spoke regarding the committee appointed by District Court judges. He supports the represented democracy. 09:17:32 PM Vote on the Motion that having considered public comment and the information presented by staff, I hereby move to authorize the Mayor to execute Resolution No. 4580, establishing an advisory committee to explore Gallatin County and City of Bozeman cooperation on joint improvements at the Law and Justice Center campus. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta low Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 09:17:50 PM Break Mayor Krauss called for a break. 09:24:08 PM Meeting called back to order Mayor Krauss called the meeting back to order. 5. 09:24:18 PM Stormwater Rate Model Recommendation and possible direction to Staff on the Development of a Formal Stormwater Rate Resolution and Implementation Time-line based on the Guiding Principles Outlined as written and presented in the February 23, 2015 Staff Memorandum (Woolard/Mehrens) 09:24:28 PM Staff Presentation Public Works Director Craig Woolard gave the Staff presentation for the Stormwater Rate Model Recommendation and possible direction to Staff on the Development of a Formal Stormwater Rate Resolution and Implementation Time-line based on the Guiding Principles Outlined as written and presented in the February 23, 2015 Staff Memorandum. 09:31:00 PM Kyle Mehrens, Continued Staff presentation Mr. Mehrens went over rate models for stormwater programs. Page 14 of 16 Februat),23,2015,Bozeman 00)Commission Dlinttles 09:42:05 PM Commission questions for Staff The Commission and Staff discussed shared responsibility, the payment amounts, bare lots and that fact that until a water meter is installed won't be calculated, citizen driven implementation of a stormwater system and credits, the fact the credit system is not for individual homes, the fact that this is a commercial subdivision structure and the timing of this and if we can wait another year or year and a half. 09:47:54 PM Public Comment Mayor Krauss opened public comment. 09:48:05 PM Daryl Schliem,Public Comment Mr. Schliem thanked the Staff for this outreach and hopes we continue this. Feels this is fair for everybody and is fair for the business community. He hopes the Commission will consider this model tonight. The Business community is in support of this as well as SWMBIA. 09:50:22 PM Chris Romankiewicz,Public Comment Mr. Romankiewicz stated that he is here on behalf of the Department of Environmental Quality and will take part to the finish of this for a desirable outcome. The DEQ has made an effort for all communities in the state in this area. He has worked with Staff and they are using the appropriate tools. 09:52:11 PM Public Comment Closed Mayor Krauss closed public comment. 09:52:33 PM Motion to hereby move to direct staff to proceed with the development of a formal stormwater rate resolution and implementation time-line based on the guiding principles outlined in this memorandum and presented on February 23, 2015. Deputy Mayor - Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd i 09:52:55 PM Commission discussion on the Motion Deputy Mayor Taylor stated that the plan that got made answers all of the prior questions. It is a good plan for the public and involving the Commission. Cr. Andrus agrees with Taylor and thanked Staff. Asking public to pay more money but it is needed. It is the right thing to do. Cr. Mehl since 1980 Bozeman has recognized clean water. He spoke regarding DEQ involvement. It is the right way to go. Cr. Pomeroy stated that she is impressed with Staff. We all share responsibility. Mayor Krauss stated that the City is moving forward and that the Commission picked this as a priority. We are well intentioned. r 09:58:43 PM Vote on the Motion to hereby move to direct staff to proceed with the development of a formal stormwater rate resolution and implementation time-line G t Page 15 of 16 I- Februai y 23,2015,Bozeman City Commission Alinutes based on the guiding principles outlined in this memorandum and presented on February 23, 2015. Deputy Mayor - Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve H. 09:58:58 PM FYI/Discussion 1. Early start time of 5 p.m. for March 2, 2015 City Commission Meeting (Ulmen) 2. Resolution of Support for Salish&Kootenai Compact(Woolard) Letter will be written for Mayor to sign. 3. Budget Calendar Presentation Changes I. 09:59:45 PM Adjournment Mayor Krauss adjourned the meeting at 9:59 p.m. n - > ` F Jeffrey K. Krauss Mayor d Stacy '6n;-gMC Clerk E$ PARED BY: Stacy Ulmen, CMC City Clerk Approved on: Page 16 of 16