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HomeMy WebLinkAboutArchive August 17, 2015 City Commission Minutes i E • r t 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. Page 1 of 12 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) a 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 Page 2 of 12 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. i 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. Page 3 of 12 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 Page 4 of 12 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 i 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. E 06:38:14 PM Questions for staff The Commission would like the lot cost annually added to the creation documents. f 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. is G 06:39:16 PM Vote on the Motion to approve Resolution 4613, creating Special Improvement Lighting District 726 for Westbrook Subdivision. 1 Deputy Mayor- Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve c 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. Page 5 of 12 t j 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. Page 6 of 12 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. I 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. i 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. I 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= I. 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. Page 7of12 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) .. a 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. Page 8 of 12 August 17,2015 Bozeman City Commission Minutes 07:03:08 PM Public Comment Mayor Krauss opened public comment There was no public comment. Public Comment was closed. i 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 j: 07:03:34 PM Commission Discussion The Commission discussed giving attention to the maintenance of our streets and the benefit in the long run. F 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 j 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 f 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. Page 9of12 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 Page 10 of 12 August 17,2015 Bozeman City Commission Minutes I Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 8. 07:30:36 PM Reappointment to the Parking Commission (Michalson) a 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. r 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 i 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 0® r ® TTEST: .^ ° Stacy II men, CMC s � � �F City Clerk Page 11 of 12 August 17,2015 Bozeman City Commission Minutes PREPARED BY: i earl ichalson A ® � Deputy City Clerk Approved on:, ;��-A Page 12 of 12