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Home My WebLink AboutArchive August 24, 2015 City Commission Minutes I THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,August 24, 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. 06:01:56 PM Call to Order—6 p.m. —Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:01 p.m. I B. 06:01:59 PM Pledge of Allegiance and a Moment of Silence C. 06:02:54 PM Changes to the Agenda City Manager Chris Kukulski stated that staff requested that consent items 2, 3, and 4 CIP might want to be pulled off of consent and moved to action. Chris Kukulski went over consent items D1, and D5-8, pulling items 2,3, and 4. D. 06:05:33 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) n,Cz 2. Professional ccrccs-Agreement r"rtrrnc2S t6 E'0iprc+e the r yrnri Creek Water System E-x-p nsie Drelimi,,afy Engineering 1?ov.or f r +l�o Report lv��uv City of Bozeman(LTeaston)— westig-ation for the City of Bozeman(14e stems r 4. Professional Serviees Agreement with AE2S for the 2015 Water- Faeil Plan Updat€ (14eas-ton) -7[4a Page I of 12 August 24,2015 Bozeman City Contnussion Minutes 5. Amendment 1 to Contract Agreement with KLJ for the Evaluation of the City's Neighborhood Conservation Overlay District to extend the Project Timeline (Kramer) to 6. Interlocal Fire Services Agreement with Montana State University (MSU) for Fiscal Year 2016 (Megaard) t4j 7. Notice of Award to High Country Paving, Inc for the Combined Schedule 1 and 2 Bid in the amount of $202,820.50 for the CTEP Bike and Pedestrian Project(Murray) 'Na 8. Resolution No. 4638, authorizing Participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (INTERCAP REVOLVING PROGRAM),Approving the Form and Terms of the Loan Agreement and Authorizing the Execution and Delivery of Documents Related Thereto (Meyer) IPC= 06:03:39 PM City Manger overview of Consent Items. Mr. Kukulski gave an overview of each Consent Item as listed. 06:05:20 PM Public Comment Mayor Krauss opened public comment on consent items D1, and D5-8. There was no public comment. Public Comment was closed. 06:05:36 PM Motion and Vote to approve Consent Items D1, and Consent Items 5-8 as submitted. 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 E. 06:06:05 PM Public Comment- Mayor Krauss opened general public comment. 06:06:15 PM Brian Caldwell,Public Comment Brian Caldwell discussed Site plan application Z15138, for North Lofts. Mr. Caldwell stated that after meeting with the planning director, the project could not be moved forward. Based on fee calculations, it will cost a lot of money to repeal. 06:09:32 PM Nolan Campbell,Public Comment Page 2 of 12 August 24,2015 Bozeman City Commission Minutes Mr. Campbell spoke about asbestos that is located into homes with a possible high concentration. Every time a building is taken down, Mr. Campbell is concerned about the amount of asbestos that is going on anytime a building is torn down. He is concerned about the safety when there are young children around. 06:12:43 PM Closed. Mayor Krauss closed public comment. F. 06:13:07 PM Special Presentations I' 1. 06:13:19 PM Transportation Master Plan(Woolard) 06:13:24 PM Staff Presentation Jeff Key, principal engineer of Robert Petch and Associates gave a special presentation on the transportation master plan. This plan had been scheduled to take about a year. Growth and quality of life was looked at as well as community. Jeff Key stated that the public could go to BozemanTMP.com where they could engage and comment on the f master plan and comment on travel routes. Social, economic and environment goals were discussed alongside policy and land use as well as levels of sei vice in the future in depth. Transportation, Mobility, Policy, Funding and Infrastructure was also discussed in detail. 06:32:28 PM Commission questions for staff The commissioners asked about making transportation easier for truck traffic that was not due to delivery trucks. The presenter and staff were asked how traffic congestion could be resolved. Staff was also asked how are plans from other departments was going to be implemented into the transportation master plan and if the county would be included into the overall master plan. i= 06:34:05 PM Continued Commission Discussion. 2. 06:43:13 PM Fire Chief Introduction(Kukulsld) 06:43:52 PM City Manager Chris Kukulski introduced Josh Waldo, the new Fire Chief to the City of Bozeman. Josh Waldo stated that he has met with his fellow members of the fire department. He would also like to thank the city for embracing him and looked forward to working hard for the city of Bozeman. G. 06:48:23 PM Action Items Page 3 of 12 August 24,2015 Bozeman City Commission Minutes 1. 06:48:23 PM (From consent) Professional Services Agreement with AE2S to complete the Lyman Creek Water System Expansion Preliminary Engineering Report for the City of Bozeman(Heaston) ta 2. 06:48:23 PM (From consent) Professional Services Agreement with Respect to complete a Groundwater Investigation for the City of Bozeman (Heaston) '14z 3. 06:48:23 PM (From consent) Professional Services Agreement with AE2S for the 2015 Water Facility Plan Update (Heaston) na 06:54:31 PM—Commission Discussion City Manager Chris Kukulski talked about the CIP. Commissioner Mehl talked about the consequences of the changes to this. 06:56:10 PM Motion to approve consent items 2,3, and 4 as submitted. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd 06:56:23 PM Commission Discussion on the Motion The commission discussed the integrated water resources plan and asked about the long term plan of the project. 06:57:50 PM Commission questions for Staff Craig Woolard, Director of Public works stated that they did preliminary work on this item and felt that they should try to mitigate the loss of water supplies. Mr. Woolard continued by stating stated that they did preliminary work on this item and felt that they should try to mitigate the loss of water supplies. Mayor Krauss stated that the approval of the lining was needed in order to ensure accountability. 07:02:00 PM Vote on the Motion to approve consent items 2, 3, and 4 as suhmitted. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta llor Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve Page 4 of 12 August 24,2015 Bozeman City Commission Minutes 1. 07:03:02 PM Professional Services Agreement with MAKERS Architecture &Urban Design to Perform the Evaluation and Revisions to Chapter 38,Unified Development Code (UDC) (Rogers) tC:j 07:04:02 PM Staff presentation Tom Rogers gave a staff presentation on the Professional Services Agreement with MAKERS Architecture & Urban Design to Perform the Evaluation and Revisions to Chapter 38, Unified Development Code (UDC). There will be a city wide kick off on September 10, 2015 from 6:00-8:00pm in the city commission room at 121 N Rouse Ave. �i 07:05:45 PM Commission questions for Staff The Commission asked for clarification on what the MAKERS Architecture and Urban Design do. To which the staff responded in detail what they do and what the staff was doing going forward with the company. The commissioners additionally asked for f" clarification if this project would be completed within the 18 months that had been projected for completion. Money saved during this project was discussed. The last UDC reviewed in 2003 was discussed as well. 07:11:19 PM Public Comment Mayor Krauss opened public comment. 07:11:32 PM Luke Howard,Public Comment Luke Howard stated that he was excited that this was coming to fruition. 07:12:04 PM Closed Mayor Krauss closed public comment. 07:12:12 PM Motion that having reviewed and considered the staff memo, public comment, and all the information presented, I hereby move to approve and authorize the City Manager to sign the Professional Services Agreement with MAKERS Architecture & Urban Design to perform the evaluation and revisions to Chapter 38, UDC. Commissioner- Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 07:12:44 PM Commission Discussion on the Motion The commissioners stated that this was time for a new code. They hoped that the company stayed on the time fiame and do support it. The mayor stated he hoped that our values as a community was represented in this re-write. Page 5 of 12 August 24,2015 Bozeman 001 Commission Minutes 07:17:11 PM Vote on the Motion that having reviewed and considered the staff memo, public comment, and all the information presented, I hereby move to approve and authorize the City Manager to sign the Professional Services Agreement with MAKERS Architecture & Urban Design to perform the evaluation and revisions to Chapter 38, UDC Commissioner- Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2 Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta l�pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 4. 07:17:28 PM Resolution 4621, Creation of Special Improvement Lighting District 728 for The Lakes at Valley West, Phases 1 and 2 (Rosenberry) Na 07:17:42 PM Staff Presentation Anna Rosenberry gave a presentation on Resolution 4621, Creation of Special Improvement Lighting District 728 for The Lakes at Valley West,Phases 1 and 2. 07:19:49 PM Public Comment Mayor Krauss opened public comment. There was no public comment. Public Comment was closed. 07:19:55 PM Motion to approve Resolution 4621, creating Special Improvement Lighting District 728 for The Lakes at Valley West,Phases I and 2. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd 07:20:23 PM Commission Discussion on the Motion Support for this was unanimous. 07:21:35 PM Vote on the Motion to approve Resolution 4621, creating Special Improvement Lighting District 728 for The Lakes at Valley West,Phases I and 2. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta ly or: Approve Page 6 of 12 August 24,2015 Bozeman City Commission Minutes Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 5. 07:21:53 PM Interlocal Agreement with Bozeman School District #7 for the Procurement of Dark Fiber for the use of the Schools (Fine) 1%4z 07:22:04 PM Staff Presentation David Fine, Economic Development Specialist, gave a presentation on the Interlocal Agreement with Bozeman School District #7 for the Procurement of Dark Fiber for the f use of the Schools which is slated to be a 10 year agreement. Maintenance agreements would be negotiated separately. u 07:25:49 PM Commission questions for Staff The Commission clarified that this would be a non-profit organization and the benefits of this service to the school district and the city was discussed. Dark Fiber was defined as a lit fiber connection; the provider would usually provide the connection that a customer would need. With dark fiber, the city would be the only entity providing that service as if you were connected to the City of Bozeman's network. The commission wanted to know the projected cost was a good target? Staff responded that what we pay now, our speed is limited. Staff responded that dark fiber helps supports the network and makes its viable compared to what you pay for now, with lit fiber. Cost was discussed. 07:32:06 PM Commission questions for Staff Continued Cr. Mehl simplified the benefit of dark fiber to the city and the school district. 07:34:48 PM Public Comment Mayor Krauss opened public comment. 07:34:57 PM Steve Johnson,Public Comment Steve Johnson, Superintendent of Bozeman Public Schools talked about the The school District expressed their excitement to get a chance to gain more bandwidth for teachers. 07:35:40 PM Closed Mayor Krauss closed public comment. 07:35:46 PM Motion to authorize the City Manager to sign the Interlocal Agreement between the City of Bozeman and Bozeman School District#7 for the procurement of long- term dark fiber leases by the City for the use of the Schools. Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Page 7of12 August 24,2015 Bozeman City)Commission Minutes 07:36:27 PM Commission Discussion on the Motion Deputy Mayor Taylor felt as though this was a good thing for the schools. Commissioner Andrus, felt like getting a good price for the schools was a good thing for the schools. Commissioner Pomeroy also felt that this was a great thing for the schools. Chris Mehl and Mayor Krauss also agreed. 07:38:29 PM Vote on the Main Motion to authorize the City Manager to sign the Interlocal Agreement between the City of Bozeman and Bozeman School District#7 for the procurement of long-term dark fiber leases by the City for the use of the Schools. Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mqyor- Carson Ta l�pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 6. 07:38:29 PM Memorandum of Understanding between Bozeman Fiber, Inc. and the City of Bozeman for the lease of Dark Fiber (Fine) Ma 07:39:41 PM Staff Presentation David Fine talked about Memorandum of Understanding between Bozeman Fiber, Inc. and the City of Bozeman for the lease of Dark Fiber. He talked briefly about the history of securing financing for support in order for this project to move forward. The cost of Dark Fiber of the next 10 years was discussed as well as maintenance fees 07:45:12 PM Commission questions for Staff Clarification was asked about the 1 year lease and the MOU was discussed. The city attorney and the city manger went into more detail about how this was in the best interest of the city as far as future growth and economic development was concerned. 07:48:25 PM Public Comment Mayor Krauss opened public comment. There was no public comment. Public Comment was closed. Page 8 of 12 August 24,2015 Bozeman City Commission Minutes 07:48:34 PM Motion to authorize the City Manager to sign a Memorandum of Understanding between Bozeman Fiber, Inc. and the City of Bozeman for the Lease of Dark Fiber for the use of the City and Bozeman School District#7. Commissioner- Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd i 07:49:09 PM Commission Discussion on the Motion The Mayor stated that there were reasons that the tax payers should support this, the efficiency of this worked as well. Growth and infill, residential and commercial growth could benefit fiom this as well. Dark fiber supported commerce in a way that made the city grow in a positive and proactive way while incentivizing investment for businesses as well as the school district. It was stated that this would be an open access network. The flexibility of this project was discussed as well. F 07:58:30 PM Vote on the Motion to authorize the City Manager to sign a E Memorandum of Understanding between Bozeman Fiber,Inc. and the City of Bozeman for the Lease of Dark Fiber for the use of the City and Bozeman School District#7. E 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 07:58:54 PM Break Mayor Krauss declared a break until 8:10 p.m. k h 08:12:07 PM Back to order Mayor Krauss called the meeting back to order. 7. 08:12:20 PM Resolution 4639, adopting a Statement of Blight as a basis for the Expansion of the North Seventh Avenue Urban Renewal District to include property adjacent to the original urban renewal area(Fine) Ma 08:12:41 PM Staff Presentation David Fine gave a presentation on Resolution 4639,which adopted a Statement of Blight as a basis for the Expansion of the North Seventh Avenue Urban Renewal District to include Page 9 of 12 August 24,2015 Bozeman 06 Commission Minutes property adjacent to the original urban renewal area. The history of the expansion project was given as well as an explanation of expansion of the seven targeted areas. The future of the district was discussed and the design plan was also discussed in detail. The statement of blight areas was expanded upon. 08:24:33 PM Commission questions for Staff The Commission asked about what notices were given to those who would be affected. Staff responded that notice by mail would be given to residence prior to any action being taken. Clarification of what areas were affected on the provided map was given as well as further clarification of the contract that was discussed was provided by the city attorney. 08:32:17 PM Continued discussion Janet Cornish, Consultant from Community Development Services of Montana stated that not all definitions of blight have to be present in all three conditions of blight. Janet Cornish stated that the ability to expand, amend or extend the boundaries as the conditions saw fit was possible, and further explained what decisions could be made or changed before it would go before the north seventh urban renewal board. The Mayor asked for clarification on why these areas were chosen. More direct questions concerning blight were discussed in detail. As well as concerned about individual property owners. 09:08:23 PM Public Comment Mayor Krauss opened public comment. 09:08:33 PM Lorie Cox Public Comment Lorie Cox,the General Manager for the Gallatin County Fair Grounds stated that the Gallatin County Fair Grounds were in full support of the TIF District. The benefit to them would be growth to the fair grounds. The fairgrounds had put forth a lot of effort in order to benefit economically to get a benefit from the community. 09:12:16 PM Closed Mayor Krauss closed public comment. 09:12:38 PM Commission Discussion Cr. Mehl asked the Mayor Krauss how he wanted to proceed with the noticing of residence that would be affected by the statement of blight. Consideration toward a time line was also discussed. 09:13:22 PM Motion to approve Resolution 4639, adopting the Statement of Blight to provide a basis for the expansion of the North Seventh Avenue Urban Renewal District. Commissioner - Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 09:13:46 PM Commission Discussion on the motion Page 10 of 12 h August 24,2015 Bozeman City Commission Minutes Commissioner Mehl felt that notifying people was important. An amendment to the original motion was suggested. The definition of blight is again clarified for specification. Deputy Mayor Taylor stated that the commission was not blighting a person's property. 09:21:25 PM Commission questions for Consultant The Commission asked why there were residences added to the list of blighted areas. The consultant stated that this benefited the residents as well as the businesses that surround them. The consultant re-emphasized that residential benefit was the walk-ability of residences to nearby businesses. 09:24:18 PM Amendment continuation of the main motion and seconded to move this on to the September 14tt'Agenda. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 09:29:23 PM Vote on the Amendment to move this to the September 14tt'Agenda. Commissioner- Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve k Deputy Mayor - Carson Ta lo�pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve i 8. 09:35:33 PM Appointment to the Bozeman Area Bicycle Advisory Board (Michalson) INa 09:35:45 PM Motion and Vote appoint Tony LeBaron to the Vacant Position on the Bozeman Area Bicycle Advisory Board that expires December 31, 2015. i= 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 H. 09:37:40 PM FYI/Discussion Page 11 of 12 August 24,2015 Bozeman City Commission Minutes Mayor Krauss thanked the staff of Wendy Thomas and Craig Woolard who assisted with Stadium View. Further thanks were given by the City Manger. Mayor Krauss wanted to discuss Mr. Coldwell's public comment statement. It was suggested that the resident would have to appeal the application decision that was made by community development. Fees were discussed. Wendy Thomas,Director of community development responded to Nolan Campbell's public comment about asbestos and stated that the DEQ does not look at addressing asbestos mitigation to units that are 4 units or less. Clarification was given during the demolition process of the disposal of asbestos per the DEQ. Discussion about this issue was done at length. I. 09:50:19 PM Adjournment Mayor Krauss Adjourned the meeting at 09:50pm Jeffrey K.Krauss Mayor ATTEST: Stacy Ulmen, CMC City Clerk PREPARED BY: Pearl Michalson w e« slow Deputy City Clerk Approved on: Page 12of12