HomeMy WebLinkAboutArchive August 17, 2015 City Commission Minutes i
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,August 17,2015
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 and Deputy
City Clerk Pearl Michalson.
A. 06:01:16 PM Call to Order—6 p.m.—Commission.Room, City Hall, 121 North
Rouse
B. 06:01:29 PM Pledge of Allegiance and a Moment of Silence
C. 06:02:15 PM Changes to the Agenda
D. 06:02:25 PM Minutes—Joint City and County Meeting on July 13, and Regular
City Commission Mij lutes from July 13, July 20, and July, 27 2015 na
06:02:25 PM Motion and Vote to approve the Joint City and County Meeting Minutes
from July 13 and Regular City Commission Minutes from July 13, July 20 and July 27,
2015 as submitted.
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
E. 06:03:00 PM Consent
City manager Chris Kukulski went over the 7 consent items on the agenda.
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August 17,2015 Bozeman City Commission Minutes
1. Authorize Payment of Accounts Payable Claims for Goods and Services
(LaMeres) na
2. Memorandum of Agreement with the Montana State University (MSU) to
Implement a Pilot Project for Research and Analysis of Native, Drought
Tolerant Grasses for a Variety of Uses in order to Reduce Water
Consumption and Further Water Demand Reduction Goals Established by
the Water Conservation Program(Leoniak) to
3. Task Order No. 6 with Dowl, LLC for Street and Utilities Land Agent
Services for the Trail to the M TOP Bond Project (Poissant) t z
4. Resolution 4631, Intent to Create a Special Improvement Lighting District
729 for The Lakes at Valley West Subdivision Phase 1 & 2 Durston Road
(Rosenberry) to
5. Professional Services Agreement with KLJ Engineering for Engineering
Services in the Northeast Urban Renewal District for a Term of Three
Years (Fontenot) IN4:3
6. Depository Bonds and Pledged Securities as of June 30, 2015 (Clark)
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7. Final Adoption of Ordinance 1918 to Amend the Zoning Map to Establish
an Initial Municipal Zoning of Public Lands and Institutions (PLI) on
80.325 Acres on Tract IAl of Certificate of Survey No. 2554B, located in
the Northwest Quarter of Section 3, in Township 2 South, Range 5 East as
well as Adjacent Public Right of way, 4600 Baxter Lane, Application
15251 (Saunders) 1%4z
06:04:45 PM Public Comment
Mayor Krauss opened public comment.
There was no public comment.
Public Comment was closed.
06:04:57 PM Motion and Vote to approve Consent Items 1-7 as submitted.
Commissioner- Chris Mehl: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: pprove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner-I-Ho Pomeroy: Approve
F. 06:05:21 PM Public Comment
Mayor Krauss opened public comment.
06:06:28 PM Luke Howard,Public Comment
Luke Howard, the Government Affairs Director of the Southwest Montana Building
Industry Association discussed the citizen advisory boards and talked about how the
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August 17,2015 Bozeman City Commission Minutes
UDC affects citizens. The strength and weaknesses of the UDC that could be improved
was mentioned based on observation of members on the green building committee that
have attended the monthly advisory board meetings quite regularly.
06:07:02 PM Public comment was closed.
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G. 06:07:10 PM Special Presentation— Revisions to the Unified Development Code
(UDC) (Rogers) IN- a
06:07:36 PM Staff Presentation
Tom Rogers gave a presentation on the Revisions to the Unified Development Code
(UDC). Designs, Revisions, Updates and Major changes were discussed. The standard
Professional Services agreement will be presented before the city commission next
week. Phase 1 will conclude on March 2016 Phase 2, will conclude in early 2017.
06:16:26 PM Questions for Staff
The commission asked about public comment and how that will be incorporated in the
UDC., Clarification of participation with all members of the public, addressing concerns
of the public and asked about professional quality and funds in the future. Clarification
about what a"way founding system"was asked.
06:21:50 PM Staff Addressed Questions
Tom Rodgers addressed these questions by stating that the first open house with the
public will happen in mid September and will be open to the public to provide
comments. The proposed changes will be discussed throughout the process with all
design professionals and others members of the public. A website will be developed in
the future in order to answer all the questions the public may have. Staff stated that the
budget is always being considered in these decisions and the quality of work would
always stay high. These answers were given at length and in detail. The commission
also thanked staff on their presentation.
H. 06:27:26 PM Action Items
1. Preliminary Plat Application requesting a Second or Subsequent Minor
Subdivision from a Tract of Record (0.946 acres) to Create Two Lots,
Shonkwiler Addition Lot IA Minor Subdivision, Application 15285 Le(Quasi-Judicial) (Brekke) a
06:27:41 PM Staff Presentation
Allyson Brekke, associate planner added the staff report to the public record and gave a
presentation on Preliminary Plat Application requesting a Second or Subsequent Minor
Subdivision from a Tract of Record (0.946 acres) to Create Two Lots, Shonkwiler
Addition Lot IA Minor Subdivision, Application 15285.
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August 17,2015 Bozeman City Commission Minutes
06:31:31 PM Questions for Staff
The commission asked about the land in the surround areas of the lot, and asked about
perceived traffic demands and congestion in the future.
06:32:12 PM Staff Response to Questions
Staff did consider traffic and responded to questions about the areas sounding the lot.
06:33:29 PM Applicant Presentation
Lauren Waterton- Land Planner of Sanderson and Stewart stated that the staff report
covered the application and went into detail about the intentions of the lot in the future
when the original plan was submitted to the city staff. The easement, traffic concerns
were all taken into consideration.
06:34:32 PM Questions for Applicant
The commission asked if they agreed with everything in the staff report.
06:35:01 PM Public Comment
Mayor Krauss opened public comment.
There was no public comment.
Public Comment was closed.
06:35:11 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 15-285 and move to approve the
Shonkwiler Addition;iLot 1A Minor Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions.
Commissioner- I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
06:36:08 PM Commission Discussion
The Commission felt that the project would help improve 7th street.
06:36:23 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 15-285 and move to approve the
Shonkwiler Addition Lot 1A Minor Subdivision Preliminary Plat 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: Approve
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August 17,2015 Bozeman 00: Commission Minutes
Commissioner- I-Ho Pomeroy: Approve
2. 06:36:26 PM Resolution 4613, Creation of Special Improvement Lighting
District 726 for Westbrook Subdivision (Rosenberry) ' ICE
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06:37:12 PM Staff Presentation
Anna Rosenberry gave a staff presentation on Resolution 4613, Creation of Special
Improvement Lighting District 726 for Westbrook Subdivision. The street light fixtures
were discussed as well as maintenance cost.
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06:38:14 PM Questions for staff
The Commission would like the lot cost annually added to the creation documents.
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06:38:44 PM Public Comment l
Mayor Krauss opened public comment.
There was no public comment
Public Comment was closed.
06:38:49 PM Motion to approve Resolution 4613, creating Special Improvement
Lighting District 726 for Westbrook Subdivision.
Deputy Mqyor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
06:39:04 PM Commission Discussion
The commission felt that this was a good district.
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06:39:16 PM Vote on the Motion to approve Resolution 4613, creating Special
Improvement Lighting District 726 for Westbrook Subdivision.
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Deputy Mayor- Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
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Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
3. 06:39:31 PM Resolution 4616, Creation of Special Improvement Lighting
District 727 for Southbridge Subdivision Phase IV-V (Rosenberry) %a
06:39:46 PM Staff Presentation
Anna Rosenberry gave a staff presentation on Resolution 4616, Creation of Special
Improvement Lighting District 727 for Southbridge Subdivision Phase IV-V. Average
lot size and assessment was discussed.
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August 17,2015 Bozeman City Commission Minutes
06:40:53 PM Questions for Staff
There were no questions for staff.
06:40:59 PM Public Comment
Mayor Krauss opened public comment.
There was no public comment.
Public Comment was closed.
06:41:03 PM Motion to approve Resolution 4616, creating Special Improvement
Lighting District 727 for Southbridge Subdivision Phase IV-V.
Commissioner- Cynthia Andrus: Motion
Commissioner- Chris Mehl: 2nd
Commission Discussion
There was no Commission Discussion. Item was brought forth for motion and vote.
06:41:17 PM Vote on the Motion to approve Resolution 4616, creating Special
Improvement Lighting District 727 for Southbridge Subdivision Phase IV-V.
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
4. 06:41:27 PM Resolution 4626, Establishing Rates for Water Service for
the City of Bozeman (Rosenberry) a
06:41:31 PM Staff Presentation
Anna Rosenberry gave a presentation on Resolution 4626, Establishing Rates for Water
Service for the City of Bozeman. Rate changes were discussed, estimated revenue
analysis and when these rates would take place annually. How rates were determined was
also discussed.
06:44:20 PM Questions for Staff
The Commission how much an HCF was which was equal to 748 Gallons other
conversions were questioned. The commission questioned MSU's water rates.
Clarification about rates was also asked as well as the annual consumption rates.
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August 17,2015 Bozeman City Commission Minutes
06:45:59 PM Staff Addressed Questions
Director Anna Rosenberry responded in detail why the residential customers and MSU
customers have different water rates. Craig Woollard, director of public works went on to
respond why there is a difference in water rates as well. How water were charged per
consumption and thresholds was discussed in detail as well.
06:50:08 PM Public Comment
Mayor Krauss opened public comment
There was no public comment
Public Comment was closed.
06:50:13 PM Motion to approve Resolution 4626 which includes a 2.5% increase to
Water Rates effective on September 1, 2015 and a 2.5% increase on September 1, 2016.
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Commissioner- Chris Mehl: Motion
Commissioner -I-Ho Pomeroy: 2nd
06:50:35 PM Commission Discussion
The commission discussed why we need the increase in water rates.
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06:52:00 PM Vote on the Motion to approve Resolution 4626 which includes a 2.5%
increase to Water Rates effective on September 1, 2015 and a 2.5% increase on
September 1, 2016.
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Commissioner- Chris Mehl: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
pprove
Deputy Mayor- Carson Ta lo�prove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia AndruL: Approve
Commissioner- I-Ho Pomeroy: Approve
5. 06:52:25 PM Resolution 4627, Establishing Rates for Wastewater Sewer
Service for the City of Bozeman (Rosenberry) ' C=
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06:52:33 PM Staff Presentation
Anna Rosenberry gave a presentation on Resolution 4627, Establishing Rates for
Wastewater Sewer Service for the City of Bozeman. The rate increases were discussed in
detail by staff.
06:54:34 PM Questions for Staff
The commission asked about the rates in the winter versus the summer.
06:55:01 PM Staff Addressed Questions
Ann addressed the commission questions.
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August 17,2015 Bozeman City Commission Minutes
06:55:07 PM Public Comment
Mayor Krauss opened public comment
There was no public comment.
Public Comment was closed.
06:55:27 PM Motion to approve Resolution 4627 which includes a 3% increase to
Wastewater Rates effective on September 1, 2015 and a 3% increase on September 1,
2016.
Commissioner-I-Ho Pomeroy: Motion
Deputy Mayor- Carson Taylor: 2nd
06:55:47 PM Commission Discussion
The commission agreed to support this resolution.
06:56:45 PM Vote on the Motion to approve Resolution 4627 which includes a 3%
increase to Wastewater Rates effective on September 1, 2015 and a 3% increase on
September 1, 2016.
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
6. 06:56:54 PM Resolution 4629, Establishing a 10..0%increase to Street
Maintenance District Assessments for Fiscal Year 2016 (Rosenberry)
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06:57:55 PM Staff Presentation
Anna Rosenberry gave a presentation on Resolution 4629, Establishing a 10.0% increase
to Street Maintenance District Assessments for Fiscal Year 2016 This presentation is not
about the Arterial Collector and Street assessment, just for clarification. There are not
two years worth of assessments on this Street Maintenance District. Reconstruction
projects and street maintenance is what this assessment covered.
06:59:50 PM Questions for Staff
Commission asked about the tax increase to citizens. Clarification about the new method
to the assessing lots of property now compared to last year was asked. Tree assessments
on the 31 rst were asked as well as clarification.
07:00:40 PM Staff Addressed Questions
Anna Rosenberry talked about maintaining the road network before it degrades.
Clarification about the size caps on property assessments were discussed in detail as well.
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07:03:08 PM Public Comment
Mayor Krauss opened public comment
There was no public comment.
Public Comment was closed.
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07:03:19 PM Motion to approve Resolution 4629 which includes a 10% increase to
Street Maintenance District Assessments for Fiscal Year 2016.
Deputy Mayor- Carson Taylor: Motion
Commissioner- Cynthia Andrus: 2nd
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07:03:34 PM Commission Discussion
The Commission discussed giving attention to the maintenance of our streets and the
benefit in the long run.
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07:04:59 PM Vote on the Motion to approve Resolution 4629 which includes a 10%
increase to Street Maintenance District Assessments for Fiscal Year 2016. F
Deputy Mayor- Carson Taylor: Motion
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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
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7. 07:05:17 PM Right of First Offer Agreement with Micropolitan
Enterprises, LLC and Powder River Comp., LLC Granting an Exclusive
Six Month Right to Make an Offer for the Purchase of the North Park
Property (Fontenot) 'Na
07:05:37 PM Staff Presentation
Brit Fontenot, Economic Director gave a presentation on the Right of First Offer
Agreement with Micropolitan Enterprises, LLC and Powder River Comp., LLC Granting
an Exclusive Six Month Right to Make an Offer for the Purchase of the North Park
Property.
07:11:07 PM Questions for Staff
The Commission asked about the appraisal and what would happen if the commission
decided not to buy the property, as well as accepting an offer from a buyer. The
commission also asked for clarification on the cost on a new appraisal and asked who
would pay. Closing,permit processes, and timing was also discussed.
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August 17,2015 Bozeman City Commission Minutes
07:11:41 PM City Attorney Response
Greg Sullivan,the city attorney answered the question about buying the property and
accepting offers and other questions needing legal clarification.
07:11:58 PM Questions for Staff Continued
Staff continued to answer questions in detail about accepting an offer from a buyer and
responded in detail to'other questions that were asked by the commissioners.
07:19:20 PM Applicant Presentation
The applicant, Erik Nelson gave a background on the federal agency and the agreement
that was presented to the staff. The applicant discussed MOD's and TIFs. Federally
protected species on the property was also discussed by the applicant. The site plan
submittal was discussed in detail by the applicant as well as the appraisal considerations.
07:23:45 PM Question for the Applicant
There were no questions for the applicant. However the applicant made one final
comment about the property.
07:24:34 PM Public Comment
Mayor Krauss opened public comment
There was no public comment.
Public Comment was closed.
07:24:37 PM Motion to authorize Right of First Offer Agreement with Micropolitan
Enterprises, LLC and Powder River Comp., LLC Granting an Exclusive Six M. )nth
Right to Make an Offer for the Purchase of the North Park Property.
Commissioner- Cynthia Andrus: Motion
Commissioner- Chris Mehl: 2nd
07:25:10 PM Commission Discussion
The protection of the eagle was discussed as well as protecting everyone involved with
this project. It was suggested that this property be re-appraised. Other issues were
discussed in detail. The commission thought it was a good idea that the private sector was
involved in developing this property.
07:29:49 PM Vote on the Motion to authorize the City Manager Right of First Offer
Agreement with Micropolitan Enterprises, LLC and Powder River Comp., LLC
Granting an Exclusive Six Month Right to Make an Offer for the Purchase of the
North Park Property.
Commissioner- Cynthia Andrus: Motion
Commissioner- Chris Mehl: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor - Carson Ta lo�Approve
Commissioner- Chris Mehl: Approve
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August 17,2015 Bozeman City Commission Minutes
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Commissioner - Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
8. 07:30:36 PM Reappointment to the Parking Commission (Michalson)
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07:30:41 PM Motion and Vote to confirm.the Mayoral appointment of Pamela Bryan to
the Parking Commission with an updated term expiring June 30, 2019.
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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
I. 07:31:12 PM FYI/Discussion
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07:31:22 PM City Manager Chris Kukulski clarified that city staff always negotiated
with vendors to get the best price recognizing the use of public dollars. The city
manager also mentioned that if the north park sale doesn't take place in this fiscal year,
it will affect funding the landfill project a d require the reduction of the general fund
cash reserve.
J. 07:36:04 PM Adjournment
Mayor Krauss Adjourned the meeting at 07:36 PM.
Jeffrey K.Krauss
Mayor
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° Stacy II men, CMC
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City Clerk
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August 17,2015 Bozeman City Commission Minutes
PREPARED BY:
i
earl ichalson
A ® � Deputy City Clerk
Approved on:, ;��-A
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