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HomeMy WebLinkAbout11-09-2015 Archive City Commission Minutes * r TL<y�r,V• 8����� Co. i I THE CITY COMMISSION MEETING OF BOZEMAN,MONTANA MINUTES Monday, November 9, 2015 Mayor-Jeff Krauss;_Present Deputy Mayor- Cai son Taylor: Present Commissioner- Chris Mehl: Present Commissioner- Cynthia Andrus: Present Commissioner-I-Ho Pomeroy: Present Staff Present: City Manager Greg Sullivan, City Attorney Greg Sullivan and City Cleric Stacy Ulmen. A. 06:00:39 PM Call to Order—6:00 PM- Commission Room,City Hall, 121 North Rouse Mayor Krauss called the Meeting to order at 6:00 p.m. B. 06:00:46 PM Pledge of Allegiance and a Moment of Silence C. 06:01:35 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kulmiski stated that the City Offices will be closed on Wednesday, November 11,2015 in recognition of Veteran's Day. I D. 06:01:59 PM Minutes 1. Special Meeting Minutes from September 29,2015 and Regular Meeting Minutes from October 5, October 19 and October 26, 2015 (Ulmen) 14- I I' t Page 1 of 15 4� November 9,2015 Bozemmt City Commission Minutes 06:02:07 PM Motion and Vote to approve the Special Meeting Minutes from September 29,2015 and Regular Meeting Minutes from October 5, October 19 and October 26, 2015 as submitted. 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 E. 06:02:28 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) %a 2. Approve Rules of Procedure By Laws for the Recreation and Parks Advisory Board (Ulmen) Na 06:02:31 PM City Manager Overview Mr. Kukulski gave a summary of the Consent items. 06:02:48 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:03:00 PM Motion and Vote to approve Consentltems 1-2 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 F. 06:03:24 PM Public Comment Mayor Krauss opened general public comment. 06:03:59 PM John Sodaberr,Public Comment Mr. Sodaberg spoke regarding the YMCA Project. There is a need for the private and public sector to work together to use our resources. He spoke regarding the road extension and feels that it is not necessary for the Yproject. It has been difficult to raise the money needed by the Y. Page 2 of 15 November 9,2015 Bozeman City Commission Minates 06:07:42 PM Public Comment closed Mayor Krauss closed public comment. G. 06:07:45 PM Special Presentations 1. 06:07:48 PM City of Bozeman Unified Development Code Update (Rogers) 43 Staff Planner Torn Rogers gave the Staff presentation regarding the City of Bozeman Unified Development Code Update. 06:15:33 PM Commission questions for Staff The Commission and Staff discussed how this will affect affordable housing, the meetings that will take place as well as the website location of this. 2. 06:17:50 PM Urban Forestry Management Plan and Emerald Ash Borer Course of Action Plan(Scott Makoutz, Chairman Tree Board) 'Na Parks and Recreation Director Mitch Overton opened the Presentation and Chairman of the Tree Board Scott Makoutz gave the staff presentation regarding the Urban Forestry Management Plan and Emerald Ash Borer Course of Action Plan, 06:47:11 PM Commission questions for Staff The Commission and staff discussed how the Emerald Ash Borer is transferred, time fiames, inventory,detection,other communities that have the urban forestry position,the cold winters and protection, our potential and liability, planning ahead for this, private ash trees and education, inspection of private trees,treatment, implementation of the plans and the priorities, the question of will this work when many trees are private,success rates of treated trees, ecosystems,the ratios of treating and removing trees, different species of trees and diversity of species. 07:13:27 PM Break Mayor Krauss declared a break. 07:25:33 PM Meeting back to order Mayor Krauss called the meeting back to order at 7:25 p.m. H. 07:25:41 PM Action Items ' 1. 07:25:44 PM A Conditional Use Permit to Allow the Establishment of an Accessory Dwelling Unit above a Detached Garage Structure at 3131 Foxtail Street,Application 15441 (Quasi Judicial) (Davis) Mt 3 y 1 07:25:54 PM Staff Presentation Staff Planner Heather Davis gave the Staff presentation for a Conditional Use Permit to Allow the Establishment of an Accessory Dwelling Unit above a Detached Garage Structure at 3131 Foxtail Street,Application 15441. Page 3 of 15 it November 9,2015 Bozeman City Commission Minutes 07:30:52 PM Commission questions for Staff The Commission and staff discussed the amount of ADUs in the area. 07:31:5 8 PM Applicant Presentation The Applicant representative was available for questions. 07:32:14 PM Commission questions for Applicant The Commission and Applicant discussed the Findings and Conditions. The Applicant stated that he was ok with the Conditions as listed by Staff. 07:32:28 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 07:32:35 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 15441 and move to approve the 3131 Foxtail Street Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage building with conditions and subject to all applicable code provisions. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd 07:33:21 PM Commission discussion on the Motion Cr. Pomeroy stated that our community needs more housing so she supports Deputy Mayor Taylor stated that this is a good plan Cr.Mehl agrees to the staff findings. Mayor Krauss stated that this neighborhood was designed for ADUs. 07:34:39 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 15441 and move to approve the 3131 Foxtail Street Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage building with conditions and subject to all applicable code provisions. Commissioner-I-Ho Pomeroy:Motion Deputy Mayor- Carson Taylor: 2nd Mayor-Jeff Krauss: Ap rp ove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy:Approve Page 4 of 15 i I I I November 9,2015 Bozeman Cily Commission Minutes I 2. 07:34:53 PM A Combined Site Plan and Conditional Use Permit Application Requesting the Construction of a New 20,648 Square Foot Community Center Building, with Affiliated Surface Parking, Landscaping and Athletic Field Improvements on Vacant Property Located West of the Vaquero Parkway and Tschache Lane Intersection, immediately Adjacent (and portions within) the Gallatin Regional Park and south of Baxter Lane, Gallatin Valley YMCA, Application 15445 (Quasi Judicial) (Brekke) �a 07:35:10 PM Staff Presentation Staff Planners Allyson Brekke and Shawn Kohtz gave the staff presentation for a Combined Site Plan and Conditional Use Permit Application Requesting the Construction of a New 20,648 Square Foot Community Center Building, with Affiliated Surface Parking, Landscaping and Athletic Field Improvements on Vacant Property Located West of the Vaquero Parkway and Tschache Lane Intersection, immediately Adjacent (and portions within) the Gallatin Regional Park and south of Baxter Lane, Gallatin Valley YMCA,Application 15445. 07:46:28 PM Commission questions for Staff The Commission and Staff discussed the project to the east, how the houses are accessed in the preliminary plat of the Crossing at Baxter Meadows Subdivision,the knowledge of the developer and applicant knowing that Vaquero would need improved,future plans,the possibility of creating a payback district, who is responsible for the road to the south which is adjacent to the new Lutheran Church being constructed,the timing of the current project,occupancy limits and access, estimates for the road construction and procedures for asking a developer to complete a road, the overall transportation system, on street parking,proportion methodology,vital street connections, what the City funds,the question of why the County couldn't contribute to the street. i 08:17:47 PM Applicant Presentation The Applicant (YMCA) representative Andrea Stevenson gave the Applicant presentation regarding a Combined Site Plan and Conditional Use Permit Application Requesting the Construction of a New 20,648 Square Foot Community Center Building, with Affiliated Surface Parking, Landscaping and Athletic Field Improvements on Vacant Property Located West of the Vaquero Parkway and Tschache Lane Intersection, immediately Adjacent (and portions within) the Gallatin Regional Park and south of Baxter Lane, Gallatin Valley YMCA,Application 15445. I 08:21:13 PM Commission questions for Applicant The Commission and Applicant discussed conversations with other developers, the hardship of building the road entirely, timeframes and estimated completion of the project, what the Y will contribute to the road, how the Y operates presently, the fact that the Applicant agrees to the conditions except for the road construction, occupancy in the facility being around 200 and the County's possible position on the road. Page 5 of 15 j i I� November 9,2075 Bozeman City Commission Minutes 08:31:41 PM Public Comment Mayor Krauss opened public comment. 08:31:48 PM Ashley Ogle,Public Comment Ms. Ogle asked the Commission to approve the site plan and allow the applicant to fmd a solution for the road in conversations with others. This will be paid for by private funds. 08:34:50 PM Curt Ratz, CTA Architects, Public Comment Mr. Ratz spoke regarding changing the condition to allow for collaboration but to not constrain the project by having it be a condition of occupancy. He has talked with the developer to the east. 08:37:13 PM Dwayne Morris,Public Comment Mr. Morris is a member on the YMCA Board. He encouraged that the Commission find a way to not make this project a bank. There has to be a better way. 08:38:26 PM Mike Cashman, Public Comment Mr. Cashman stated that the fund raising has not been easy. The additional half million could set the project back. 08:39:31 PM Public Comment closed Mayor Krauss closed public comment. 08:39:47 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 no. 15445 and move to approve the Gallatin Valley YMCA Site Plan and Conditional Use Permit to allow the construction of a 20,648 square foot community center building with affiliated surface parking, landscaping and athletic field improvements, with recommended conditions, excluding condition no. 10, and subject to all applicable code provisions. Deputy Mayor- Carson Taylor: Motion Commissioner-Chris Mehl: 2nd 08:40:23 PM Commission discussion on the Motion Deputy Mayor Taylor stated that this is in an R-3 zone and welcomes the project. He does have concerns with Condition 8. He heard staff in regards to emergency access, two accesses for emergency vehicles is important. Condition 8 does not say the cost but could be many things. There are a lot of loose ends. He says leave condition 8 intact. Cr.Andrus supports the motion as it stands. She supports the YMCA.The public service director made a good point in regards to connectivity. She welcomes a discussion with the County. Mayor Krauss stated that we haven't heard anything about the City's responsibility to the road and that is a piece of the proportionality of Vaquero. He gave examples of areas where the City has waived for themselves. The City has a responsibility for putting in the road. We need to examine what the City's responsibility is. He proposed that the motion be amended and the City commits to half of the road. Page 6 of 15 i November 9,2015 Bozeman:City Commission Minutes i Cr.Mehl stated that there is a need to focus on the positive that the Y is breaking ground.He does have concerns of building the road half way. He spoke regarding the fact that the location of the pool has not been decided. Construction costs are going up.We have a precedent of public safety. 08:57:20 PM Amendment to the Motion to amend condition number 8 that the Y complete Vaquero as they Ysuggested(their side), and the City work with the developer and take on 25% (take on half of the half of the remaining portion). Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 08;59:08 PM Commission discussion on the Amendment Mayor Krauss stated that this is a key piece of infrastructure. It is a difficult piece to complete. We are going to have to go to the County. Puts a little more responsibility on the City. The real message is that we work together. Cr. Pomeroy stated that she agrees with the Mayor. I Cr. Mehl stated that he does not see this as washing our hands from the street and that we are treating them the same as any other applicant. This has been a policy all along. Deputy Mayor Taylor stated that the street needs to be built. This is a safety issue. We all agree that the road needs to be built. He isn't comfortable in making a decision on the City portion and that we need to know where the money will from. There are too many moving parts. Get together and see what can be worked out. F Cr. Andrus stated that the City may have made some mistakes in the past. She hopes that the I applicant can work this out. It is a safety issue. 09:07:49 PM Vote on the Amendment to the Motion to amend condition number 8 that file Y complete Vaquero as they Y suggested (their side), and the City work with the developer and take on 25% (take on ha f of the half of the remaining portion). Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner-Chris Mehl: Disapprove Commissioner-Cynthia_Andrus: Disapprove Commissioner-I-Ho Pomeroy: Approve I' Amendment failed 2-3. 09:08:05 PM Vote on the Main 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 no. 15445 and move to approve the Gallatin Valley YMCA Site Plan and Conditional Use Permit to allow the construction of a 20,648 square foot ' k community center building with affiliated surface parking, landscaping and athletic field improvements, with recommended conditions, excluding condition no. 10, and subject to all applicable code provisions. Page 7 of 15 f; November 9,2015 Bozeman City Commission Minutes Depj&Ma or- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd Mayor-Jeff Krauss: Disap rp ove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Disapprove Motion passed 3-2. 3. 09:08:33 PM A Preliminary Planned Unit Development for a Four Phase Commercial Development Located on 12.24 Acres Generally Located Northwest of the Intersection of North Rouse Avenue and East Oak Street with Eleven Relaxations to the Bozeman Municipal Code, The Cannery District, Application 15038 (Quasi Judicial) (Krueger) to 09:09:22 PM Staff Presentation Development Review Manager Brian Krueger gave the Staff presentation regarding A Preliminary Planned Unit Development for a Four Phase Commercial Development Located on 12.24 Acres Generally Located Northwest of the Intersection of North Rouse Avenue and East Oak Street with Eleven Relaxations to the Bozeman Municipal Code,The Cannery District,Application 15038. 09:19:43 PM Commission questions for Staff The Commission and staff discussed concerns of the applicant,condition 10 in that it means layers of space, residential use on the ground floor, condition 13 and the trail that crosses Rouse, the design guidelines,why the applicant is asking for concurrent construction,the relaxation in regards to parking,the access to arterials,traffic hazards and that accesses are being driven by site design. 09:32:43 PM Applicant Presentation The Applicant Representative gave their presentation for A Preliminary Planned Unit Development for a Four Phase Commercial Development Located on 12.24 Acres Generally Located Northwest of the Intersection of North Rouse Avenue and East Oak Street with Eleven Relaxations to the Bozeman Municipal Code,The Cannery District, Application 15 03 8. They are good with the conditions, but condition 12 they would like language added for cross walks,they are special. They would like to reduce the proposed 13 down to 5 intersections. They would like to add"as shown on plan". In regards to Condition 18, Oak Street improvements,they will build it but want to weave it in to just do it once. They propose to add "or cash equivalent funding be provided to the City"to that condition. 09:38:50 PM Commission questions for Applicant The Commission and the Applicant discussed the timing of the change to condition 12. 09:47:37 PM Public Comment Mayor Krauss opened public coimnent. Page 8 of 15 November 9,2015 Bazeman City Commission Minutes 09:47:49 PM_Jeff Turczyn,Public Comment Mr. Turczyn stated that he is the owner of Lone Mountain Gym. He is located in the area of this project and he loves what is going on here. They have a vision of a bigger picture. He would like to see the vision develop. He plans to expand his business and spoke of the timeframes. His experience has been fantastic with the developer. 09:50:02 PM Public Comment closed Mayor Krauss closed public comment. 09:50:39 PM Staff follow up on the Applicant's suggestions to change the conditions. Staff stated that the development is well connected per the design guidelines. The turn lanes were discussed. i 09:55:08 PM Meeting extended to 11 p.m. Mayor Krauss extended the meeting to 11 p.m. 09:55:17 PM Motion that leaving 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 15038 and move to approve the application for use of concurrent construction subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 09:55:47 PM Vote on the Motion that leaving 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 15038 and move to approve the application for use of concurrent construction subject to all applicable code provisions. g Commissioner- Chris Mehl: Motion € Commissioner- Cynthia Andrus: 2nd Ma or-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: A Mrove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: A� rove Commissioner- I-Ho Pomeroy: Approve 09:56:04 PM Motion that leaving 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 15038 and move to approve the planned unit development, including relaxations 1 through 11, with conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Page 9 of 15 1 November 9,2015 Bozeman 00 Commission Minutes 09:56:22 PM Commission discussion on the Motion Cr. Mehl stated to amend Condition 10 09:56:32 PM Friendly Amendment to change condition 10 to read: "The proposed design guidelines shall include a section on how a ground floor residential component shall be designed in to transition from public to private space." Cr.Mehl stated a Friendly Amendment and Cr. Andras agreed. 09:56:42 PM Friendly Amendment to change condition 18 to read: "The traffic impact study for the project identified the need for two left-hand turn lanes associated with the accesses off Oak Street. The City is in the preliminary design process to construct improvements to Oak Street. The turn lanes must be coordinated with tine City's design.however, that portion of Oak Street may not be reconstructed within the timeframe of the proposed project. If Phase 2 of tine proposed project is constructed prior to completion of the City project, the left-hand turn lanes must be constructed by the applicant or cash equivalent funding be provided to the City, Cr. Mehl stated a Friendly Amendment and Cr. Andrus agreed 09:57:21 PM Commission discussion on the Motion and Friendly Amendments Cr. Mehl spoke regarding not changing Condition 13, pedestrian connectivity and he is nervous about messing with that. Cr. Andrus stated that she supports the project. Cr. Pomeroy stated that she is excited to see this project. Deputy Mayor Taylor stated that he supports the project. Mayor Krauss stated that this is the creation of a new section of town,in town.It is going to have a high quality development. 10:02:09 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 reportfor application 15038 and move to approve the planned unit development, including relaxations 1 through 11, with conditions and subject to all applicable code provisions with the Friendly Amendment to change condition 10 to read: "The proposed design guidelines shall include a section on how a ground floor residential component shall be designed in sueh a way to transition from public to private space." And the Friendly Amendment to change condition 18 to read: "Tile traffic impact study for the project identified the need for two left-hand turn lanes associated with the accesses off Oak Street. The City is in the preliminary design process to construct improvements to Oak Street. The turn lanes must be coordinated with the City's design.however,that portion of Oak Street may not be reconstructed within the timeframe of the proposed project. If Phase 2 of the proposed project is constructed prior to completion of the City project, the left-hand turn lanes must be constructed by the applicant or cash equivalent funding be provided to the City" Page 10 of 15 November 9,2015 Bozeman City Conmussion Minutes Commissioner-Chris Mehl: Motion Commissioner-Cynthia Andrus: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: A rove Commissioner- 1-Ho Pomeroy: Approve 4. 10:02:24 PM A Conditional Use Permit and Certificate of Appropriateness Application to Allow the Adaptive Reuse of an Existing Building for On-premise Consumption of Alcohol, The Bozeman Taproom, Application 15419 (Quasi Judicial) (Rogers) a 10:02:55 PM Staff Presentation Tom Rogers Staff Planner gave the staff presentation for A Conditional Use Permit and Certificate of Appropriateness Application to Allow the Adaptive Reuse of an Existing Building for On- premise Consumption of Alcohol,The Bozeman Taproom,Application 15419. 10:10:14 PM Commission questions for Staff The Commission and Staff discussed the school and if there are concerns, the statutory condition not being applicable, if this application is a restaurant,parking requirements, downtown parking areas in that the customer has to figure it out,hours of operation limits and discussions related to similar projects. 10:19:10 PM Applicant Presentation The Applicant representative gave their staff presentation for a Conditional Use Permit and Certificate of Appropriateness Application to Allow the Adaptive Reuse of an Existing Building for On-premise Consumption of Alcohol, The Bozeman Taproom,Application 15419. They plan to bring in food. 10:20:40 PM Commission questions for Applicant The Commission and Applicant discussed the hours of operation, the address of the building, alcohol sales and the outdoor area,parking on the school side of Rouse,lunch crowds and parking in the area. 10:25:00 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 10:25:13 PM Motion that having reviewed and considered the application materials, public comment,and all of tire information presented,I hereby adopt the findings presented in the staff Page 11 of 15 November 9,2015 Bozeman Citp Commission Minutes report for application 15419 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner-C nthia Andrus: Motion Commissioner-I-Ho Pomeroy: 22n_d 10:25:45 PM Commission discussion on the Motion Cr. Andrus stated that she is concerned about parking. Cr.Pomeroy stated that she supports the motion. Deputy Mayor Taylor spoke regarding hours of operation. Cr. Mehl stated that we allowed other facilities with these services to be close to schools, the conditions are clear that this license is a privilege. 10:31:49 PM Vote on the Motion that having reviewed and considered the application materials, public comment, and all of the information presented,I hereby adopt the findings presented in the staff report for application 15419 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner-C nthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Jeff K rauss: Approve De pp1y Ma or- Carson Ta lor: A rove Commissioner- Chris Mehl: Approve Commissioner-Cynthia Andrus:AnDrove Commissioner- I-Ho Pomeroy: Approve 5. 10:32:07 PM Resolution 4655, Authorizing Eminent Domain on Baxter Lane, Baxter and Davis Intersection Improvements Project (Woolard) to 10:32:16 PM Staff Presentation Craig Woolard, Public Works Director gave the staff presentation regarding Resolution 4655, Authorizing Eminent Domain on Baxter Lane, Baxter and Davis Intersection Improvements Project. 10:35:25 PM Commission questions for Staff The Commission and staff discussed the fact that the property owner will be paid fair market value, negotiations throughout the process, demonstration of need,how much will be needed on Baxter, the location of the structure on the area and the question of if we have done this before. Page 12 of 15 November 9,2015 Bozeman City Commission Minutes 10:41:45 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 10:41:56 PM Motion that leaving reviewed and considered the Staff presentation and materials, I move to approve Resolution 4655,Authorizing Eminent Domain on Baxter Lane for the Baxter and Davis Intersection Improvement Project to secure necessary right of way. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd 10:42:37 PM Clarification on the Motion Commission discussed the need for Davis Lane and 10:43:46 PM Friendly amendment to include Davis Lane in the Motion. Cr. Pomeroy stated a friendly amendment which was seconded by Deputy Mayor Taylor. 10:45:00 PM Clarification on the Friendly Amendment of upgrading Baxter Lane to arterial status and upgrading Davis Lane in the Resolution as follows:WHEREAS, it is necessary to condemn said real property by exercise of the right of eminent domain to make land available for said improvement of Baxter Lane and Davis Lane,the intersection of Baxter Lane and Davis Lane, upgrading Baxter Lane to arterial status and upgrading Davis Lane, and the installation of intersection traffic controls and sidewalks along all sides of the intersection; and 10:46:28 PM Friendly amendment restated to include Davis Lane in the Motion and add and upgrading Davis Lane to the Resolution. (These are also listed under 1,Public Use) 10:47:51 PM Motion with Friendly Amendment restated: That having reviewed and considered the Staff presentation and materials, I move to approve Resolution 4655,Authorizing Eminent Domain on Baxter Lane and Davis Lane for the Baxter and Davis Intersection Improvement Project to secure necessary right of way and amend the 01 Whereas Clause in the Resolution itself to add: "...upgrading Baxter Lane to arterial status and upgrading Davis Lane...". j Deputy Mayor Taylor restated the Motion including the friendly amendment. Cr. Pomeroy agreed. j 10:48:58 PM Commission discussion on the Motion Cr.Pomeroy stated that this is a way to expand the road. Deputy Mayor Taylor there is a need to improve this intersection Cr.Mehl there is a good reason why we do not do this often. Asking for the minimum amount. It can only be used for public purpose. Mayor Krauss appreciates the need establishment for this. t 10:52:51 PM Vote on the Motion with Friendly Amendment restated: That having reviewed and considered the Staffpresentation and materials,I move to approve Resolution 4655,Authorizing Page 13 of 15 i P i f'. November 9,2015 Bozeman City Commission Minutes Eminent Domain on Baxter Lane and Davis Lane for the Baxter and Davis Intersection Improvement Project to secure necessary right of way and amend the 0' Whereas Clause in the Resolution itself to add: "...upgrading Baxter Lane to arterial status and upgrading Davis Lane...". Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Manor-Jeff Krauss: Approve Deputy Mayor- Carson Ta. lor: A one Commissioner- Chris Mehl: Approve Commissioner-Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 6. 10:53:10 PM Appointment to the Pedestrian and Traffic Safety Committee (Michalson) I-Na Motion and Vote to appoint Amanda Arnold to the Vacant Position on the Pedestrian and Traffic Safety Committee with a term expiration of December 31, 2016. Commissioner- Cynthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Depnty Mayor-Carson Taylor:Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: A rove 10:53:36 PM 1.FYI/Discussion 1. Find out when Spring Break is in March and mark on Draft Agendas. 2. Cr.Mehl urged that reports be proofread. 3. The Commission agreed to begin the meetings at 5 p.m. on December 7 and 14 to address the Capital Improvement Program items. 10:56:15 PM J.Adjournment Mayor Krauss adjourned the meeting at 10:56 p.m. Page 14 of 15 November 9,2015 Bozeman City Commission Minutes Jeffrey K.Krauss is Mayor ATTEST: 4' $ti y mbil, CMC City Clerlc PREPARED BY: it Stacy Ulmen, CMC ^� City Clerk Approved on:; I�Np 11Cf�, . —c i 6 Page 15 of 15 f