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Home My WebLink About10-05-15 Archive City Commission Minutes i i i E aoz,�� I4. 8 !�Co. I THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 5,2015 Audio Only until 7:02 p.m. E A. Call to Order—5:30 p.m. - Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 5:30 p.m. and closed the session. A separate set of Minutes have been completed for this portion of the meeting. B. Litigation Strategy The Mayor closed to the public this meeting pursuant to Sect. 2-3-203(4)(a), MCA, finding that the meeting involves a discussion of litigation strategy and an open f meeting would have a detrimental effect on the litigation position of the City. C. 06:19:30 PM Call to Order Regular Meeting—6 p.m. Mayor Krauss called the regular meeting to order at 6:19 p.m. D. 06:19:35 PM Pledge of Allegiance and a Moment of Silence E. 06:20:19 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated that only the presenter of the Special Presentation will change. F. 06:20:36 PM Minutes 1 06:20:38 PM Motion and Vote to approve the Regular City Commission Minutes from August 24th, September 14th, September 21st, and September 281 Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mqyor - Carson Taylor: Approve s" Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Page 1 of 11 October 5,2015 Bozeman City Commission Minutes Commissioner-I-Ho Pomeroy: Approve G. 06:20:58 PM Consent 1. Authorize Payment of Claims for Accounts Payable Goods and Services (LaMeres) �N_ C:j 2. Amendment 4 to Professional Services Agreement with Morrison Maierle, Inc. for the Capital Improvement Projects Field Survey (Murray) t14--i 3. Task Order with Tetra Tech, Inc Amending the September 2014 Task Order for Environmental Assessment and Addendum to Voluntary Cleanup Plan for the CMC Bozeman Asbestos Facility(Gamradt) `rl� 4. Final Plan for a Public Park Developed as part of the Lakes at Valley West Phases 1-2 Subdivision, Located West of Bronken Park and South of Durston Road and Submitted in Association with Application 15396 (Saunders) to 5. Final Plat for the Kaiser Minor Subdivision and Authorization of the Director of Public Works to Execute the Same on Behalf of the City of Bozeman Subject to Review and Approval by the City Attorney's Office, Application 15-372 (Rogers) f=1a 6. Final Plat for the Lakes at Valley West Phases 1-2 Subdivision, and Authorization of the Director of Public Works to Execute the Same on Behalf of the City of Bozeman upon Review and Approval by the City Attorney's Office and the Authorization of the City Manager to Sign Related Easements, Application 15396 (Cooper) Na 7. Resolution 4642, Annexing 1.925 acres and Authorizing the City Manager to Sign the Supporting Annexation Agreement, Public Street Easement and Trail Corridor Easement, Evans Annexation, Located immediately East of 1524 South Rouse Avenue, Application A-10002 (Saunders) ta 8. Resolution 4645, Intent to Create a Special Improvement Lighting District 730 for Flanders Mills Subdivision Phase I-III (Rosenberry) na 9. Resolution 4647, Intent to Modify Special Improvement Lighting District 460 for North 7th Avenue (Rosenberry) IN- a 10. Provisional Adoption of Ordinance 1924, Establishing Initial Zoning of R-1 on 1.925 Acres known as the Evans Zone Map Amendment Z-10047, Located at 430 East Lincoln Street(Saunders) to 11. Formal Cancelation of the October 12, 2015 Regular City Commission Meeting (Ulmen) na 06:21:02 PM Introduction of Consent Items as listed. City Manager, Chris Kukulski gave an overview of the Consent items as listed. 06:22:13 PM Public Comment on Consent items 1-11. Mayor Krauss opened public comment on the Consent Agenda. No person commented. Mayor Krauss closed public comment on the Consent Agenda. Page 2 of 11 October 5,2015 Bozeman City Commission Minutes 06:22:28 PM Motion and Vote to approve Consent Items 1-11 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve H. 06:22:48 PM Public Comment Mayor Krauss opened general public comment. No person spoke. Mayor Krauss closed general public comment. I. 06:23:21 PM Special Presentations 1. 06:23:24 PM American Fly Fishing Trade Association (AFFTA) Upcoming f Dealer Summit(Michael White) J. 06:27:43 PM Action Items *AtstO (Ro,—, eff9` *This item was removed from the agenda. F 2. 06:27:53 PM Resolution 4650, Assessing a Special Assessment Upon Certain Properties to Collect Delinquent Utility Charges plus Costs and Expenses Incurred by the City of Bozeman(Rosenberry) tPa F 06:28:02 PM Staff Presentation Administrative Services Director Anna Rosenberry gave the Staff Presentation regarding Resolution 4650, Assessing a Special Assessment Upon Certain Properties to Collect Delinquent Utility Charges plus Costs and Expenses Incurred by the City of Bozeman. F 06:29:04 PM Commission Questions for Staff None f 06:29:09 PM Public Comment Mayor Krauss opened public comment. T No person commented. I Page 3 of 11 October 5,2015 Bozeman City Commission Minutes Mayor Krauss closed public comment. 06:29:19 PM Motion and Vote to approve Resolution 4650, Assessing a Special Assessment Upon Certain Properties to Collect Delinquent Utility Charges plus Costs and Expenses Incurred by the City of Bozeman. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta l�pprove Commissioner- Chris Mehl: Approve Commmissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 3. 06:29:58 PM A Request to Replace a Condition of Subdivision Approval for the Legends II Phase III Major Subdivision(Quasi-Judicial) (Rogers) a 06:30:08 PM Staff Presentation Staff Planner, Tom Rogers gave the Staff Presentation regarding A Request to Replace a Condition of Subdivision Approval for the Legends II Phase III Major Subdivision. 06:36:54 PM Commission Questions for Staff The Commission and Staff discussed the requirements of Park Land, existing zoning designations, City construction of a bathroom on this property, the location of the playground, the original Planned Unit Development, interpretation of the term stand alone,the size of the first lot, the Unified Development Code enforcement and timing restrictions, the Club House as part of the original PUD Application, the difference between all of the different types of parks in regards to maintenance, the total amount of Park land, the Parks Improvements Grant program, and the discussion of acting on one condition vs changing all conditions related to this subdivision. *Filming commences. 07:02:37 PM Applicant Presentation The Applicant Representative gave their presentation regarding a Request to Replace a Condition of Subdivision Approval for the Legends II Phase III Major Subdivision. 07:06:02 PM Commission Questions for Applicant The Commission and Applicant discussed construction of the bathroom. 07:06:29 PM Public Comment Mayor Krauss opened public comment. Page 4 of 11 October S,2015 Bozeman City Commission Minutes 07:06:36 PM Daniel Kogler,Public Comment Mr. Kogler stated that this is a request from the homeowners. They have safety concerns and maintenance concerns. They do not see this as enhancing their quality of life. 07:08:47 PM Richard Bocker,Public Comment Mr. Bocker spoke in support of removing the condition. This is an excellent idea for the City to grab. Consolidate the park and neighborhoods. 07:10:01 PM Marcia Kagney,Public Comment Ms. Kagney feels this is a good deal for the City. As a neighborhood park it does not need a bathroom. This is a great opportunity. is 07:12:11 PM Mike Wiseman, Public Comment Mr. Wiseman stated that the Story Mill is going in not far away and will be close by. Many people come to the park and it is a great draw. In their view a restroom is not a draw of what this park could be. A restroom doesn't seem to fit. They feel building and maintaining the restroom by the HOA is not fair. I 07:15:27 PM David Stock,Public Comment Mr. Stock spoke in support of the others who have spoken tonight. 07:16:05 PM Clint Slide,Public Comment The City is missing a master plan of restrooms and a trails plan. That is a more logical way of approaching this. If you want a restroom, go at it logically. 07:17:47 PM Public Comment Closed r. Mayor Krauss closed public comment. 07:17:57 PM Commission Questions for the Applicant The Commission and Applicant discussed developing the park. There is no deed. t 07:19:12 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 memo for application I5-386 and move to replace Condition No. 24 of the Legends II Phase III Preliminary Plat application with the suggested replacement condition as written on page (3) 234 and interpreted through our conversation about the meaning of its replacement and find the existing condition unnecessary. Deputy Mayor-Carson Taylor: Motion Commissioner-Chris Mehl: 2nd Suggested Replacement Condition: i€ Prior to recording the Legends II Phase III final plat,the Subdivider shall grant the City Lot 1 of the Legends at Bridger Creek II Subdivision(Plat Reference J-470) via warranty deed approved by the Bozeman City Attorney and provide a donation of$50,000 to the City for improvements to Lot 1 and/or Public Park 1 of the Legends at Bridger Creek II Subdivision(Plat Reference J- Page 5 of 11 I i October 5,2015 Bozeman City Commission Minutes 470). The donation of Lot 1 may be restricted for park purposes. The cash donation must be used by the City only for improvements related to Lot 1 and Public Park 1. The cash donation will be administered by the City's Parks and Recreation Department through its Park Improvement Grant program and be available for planning, design, engineering, and construction of approved improvements on Lot 1 or Public Park 1. All improvements to Lot 1 and/or to Park 1 must be approved by the City pursuant to its customary practices prior to construction. 07:20:09 PM Commission discussion on the Motion Deputy Mayor Taylor stated that he has no plans of a bathroom being built into the future. He spoke of other parks with neighborhood parks that have bathrooms. The construction could occur through master planning. Cr. Mehl stated that it is in line with what we have done in the future. Cr. Andrus supports this motion. Cr. Pomeroy stated that she would like to see this developed. Mayor Krauss spoke regarding the standalone route. This offers value for value when it comes to this. 07:27:26 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 memo for application I5-386 and move to replace Condition No. 24 of the Legends II Phase III Preliminary Plat application with the suggested replacement condition as written on page (3) 234 and interpreted through our conversation about the meaning of its replacement and find the existing condition unnecessary. Deputy Mayor- Carson Taylor: 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. 07:27:43 PM Final Plat Application and Authorization of the Director of Public Works to Execute the Same on Behalf of the City of Bozeman upon Review and Approval by the City Attorney's Office for the Legends Il, Phase III Major Subdivision,Application 15-386 (Quasi-Judicial) (Rogers) a 07:28:01 PM Staff Presentation Staff Planner Tom Rogers gave the Staff Presentation for the Final Plat Application and Authorization of the Director of Public Works to Execute the Same on Behalf of the City of Bozeman upon Review and Approval by the City Attorney's Office for the Legends Il, Phase III Major Subdivision,Application 15-386. 07:30:03 PM Commission Questions for Staff. None Page 6 of 11 October 5,2015 Bozeman City Commission Minutes i 07:30:06 PM Applicant Presentation None. 07:31:09 PM Public Comment Mayor Krauss opened public comment. No person commented. C Mayor Krauss closed public comment. t 07:31:19 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 15-386 and move to approve the final plat application for Legends II Phase III Major Subdivision and the changes in conditions as previously noted in the previous motion and authorize the Director of Public Works to execute the same on behalf of the City k of Bozeman upon review and approval by the City Attorney's Office. f r. Deputy Mayor- Carson Taylor: Motion I Commissioner- Chris Mehl: 2nd 07:32:14 PM Discussion on the Motion r- 07:33:35 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 15-386 and move to approve the final plat application for Legends II Phase III Major Subdivision and the changes in conditions as Previously noted in the previous motion and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman upon review and approval by the City Attorney's Office. Deputy Mgyor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve �r Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 5. 07:35:03 PM A Request for Financial Support from the Community Housing Fund for the Payment of $31,989.93 in Impact Fees for the Construction of Six F' Affordable Rental Units Serving 10 Residents at or below 30% AMI Units for REACH, Inc., Located on Property on the Southwest Corner of Durston Road and Greenway Avenue (Thomas) n4j 07:35:13 PM Staff Presentation Wendy Thomas, Director of Community Development gave the staff presentation for A Request for Financial Support from the Community Housing Fund for the Payment of $31,989.93 in Impact Fees for the Construction of Six Affordable Rental Units Serving 10 Residents at or Page 7 of 11 October 5,2015 Bozeman City Commission Minutes below 30% AMI Units for REACH, Inc., Located on Property on the Southwest Corner of Durston Road and Greenway Avenue. 07:38:50 PM Commission Questions for Staff The Commission and Staff discussed the size of the house, development of townhomes and single family homes. 07:40:37 PM Applicant Presentation The Applicant Representative gave their presentation for A Request for Financial Support from the Community Housing Fund for the Payment of $31,989.93 in Impact Fees for the Construction of Six Affordable Rental Units Serving 10 Residents at or below 30% AMI Units for REACH, Inc., Located on Property on the Southwest Corner of Durston Road and Greenway Avenue. 07:41:27 PM Commission Questions for the Applicant None. 07:41:39 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 07:42:02 PM Motion to authorize the use of Community Housing Funds supporting the REACH,Inc.,for the construction of 10 units of rental units affordable to households earning 30% or less of Area Median Income (AMI). Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 07:42:33 PM Commission Discussion on the Motion 07:45:29 PM Vote on the Motion to authorize the use of Community Housing Funds supporting the REACH, Inc., for the construction of 10 units of rental units affordable to households earning 30% or less of Area Median Income (AMI). Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve Page 8 of 11 October 5,2015 Bozeman City Commission Minutes 1 i 6. 07:45:42 PM Resolution 4643, Amending Fiscal Year 2016 (fyl6) General Fund Budget for Architecture and Design Costs Associated with the Construction of a Joint Law and Justice Facility with Gallatin County(Winn/Rosenberry) a i. 07:47:15 PM Staff Presentation Assistant City Manager Chuck Winn gave the staff presentation regarding Resolution 4643, Amending Fiscal Year 2016 (fyl6) General Fund Budget for Architecture and Design Costs s' Associated with the Construction of a Joint Law and Justice Facility with Gallatin County. 07:58:49 PM Commission questions for Staff The Commission and staff discussed future budget amendments. 07:59:28 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 07:59:39 PM Motion that havingconsidered public comment and the information resented b p f p y staff, I hereby move to approve Resolution 4643, Amending Fiscal Year 2016 (fy16) General Fund Budget for Architecture and Design Costs Associated with the Construction of a Joint Law and Justice Facility with Gallatin County notin'-that the total is now reduced to $828,000 Commissioner- Cynthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd 08:00:19 PM Commission discussion on the motion Cr. Andrus stated that we anticipated this coming forward. Cr. Pomeroy stated that she likes the 30% and that this is way less money. Deputy Mayor Taylor stated that this sets on the next path. 08:01:32 PM Vote on the Motion that having considered public comment and the information presented by staff, I hereby move to approve Resolution 4643, Amending Fiscal Year 2016 (fy16) General Fund Budget for Architecture and Design Costs Associated with the Construction of a Joint Law and Justice Facility with Gallatin County notink that the total is now reduced to $828,000. Commissioner- Cy nthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Page 9 of 11 i October 5,2015 Bozeman City Commission Minutes Commissioner- I-Ho Pomeroy: Approve 7. 08:01:52 PM Provisional Adoption of Ordinance No. 1923, Revising Chapter 40, Article 3, Division 3, Wastewater Collection and Treatment System (Woolard) na 08:02:46 PM Staff Presentation Director of Public Works Craig Woolard gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1923, Revising Chapter 40, Article 3, Division 3, Wastewater Collection and Treatment System. 08:08:54 PM Commission Questions for Staff The Commission and Staff discussed the fiscal impacts,the timeline,the consent order, no public health in danger and fiscal components, funding out of the wastewater district, the counts, enforcement, local limits and how the updates occur. 08:18:57 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:19:04 PM Motion to provisionally adopt Ordinance No 1923 amending the Bozeman Municipal Code to comply with all applicable state and federal laws required by the Clean Water Act and the General Pretreatment Regulations. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 08:19:42 PM Commission discussion on the Motion The Commission agreed that they would like Annual Reports 08:21:29 PM Friendly Amendment that when we hear the Wastewater District Budget in June that an update happen then. This friendly amendment was made by Cr. Mehl. Cr. Pomeroy who made the original motion and Deputy Mayor Taylor who seconded the original motion agreed to the Friendly amendment. 08:22:43 PM Vote on the Motion to provisionally adopt Ordinance No 1923 amending the Bozeman Municipal Code to comply with all applicable state and federal laws required by the Clean Water Act and the General Pretreatment Regulations with the Friendly Amendment that when we hear the Wastewater District Budget in June that an update happen then. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta lor: Approve Page 10 of 11 i i i October 5,2015 Bozeman City Commission Minutes Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve K. 08:22:59 PM FYI/Discussion 1. League of Cities and Towns Conference Reminder 2. Vacation Rental Update 3. Donation to the Veterans Cemetery 4. Legion Invite 5. The Goldsmith Annexation Reconsideration Request L. 08:28:50 PM Adjournment Mayor Krauss adjourned the meeting at 8:28 D.M. Jeffrey K. Krauss Mayor ATTEST: taey Uimptij:CMC+_ " ,City Clerk I, i PREPARED BY: i L Stacy Ulmen, CMC City Clerk Approved on: Page 11 of 11