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HomeMy WebLinkAbout02-08-16 City Commission Minutes G THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,February 8,2016 Commissioner-Jeff Krauss: Present Mayor- Carson Taylor: Present Commissioner- Chris Mehl: Present Deputy Mayor- Cynthia Andrus: Present Commissioner-I-Ho Pomeroy: Present s A. 05:59:57 PM Call to Order—6:00 PM- Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6 p.m. B. 06:00:04 PM Pledge of Allegiance and a Moment of Silence C. 06:01:06 PM Public Service Announcement-Canceled City Commission Meeting and City Offices Closed on Monday,February 15,2016 (Ulmen) I D. 06:0149 PM Changes to the Agenda Mayor Taylor asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated he would recommend that the special presentations be swapped.The Commission ' agreed to the change. E. 06:02:28 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) € to 2. Approve the Mayor's signature on Bozeman's Certified Local Government Grant for Historic Preservation Application for 2016-2017, Grant 201&003 (Saunders) Mp .I 3. Agreement between the City of Bozeman and Bozeman Fiber for the Lease of Dark Fiber(Fine) %14:3 � 4. Ratify City Manager Signature on a Contract Agreement with Omdahl Excavation and Utilities, Inc. for Installation of Storm. Drainage Improvements on Oconnell Drive(Gamradt) NO 5. Resolution 4669, Completion of the George Smith Annexation and Authorization of City Manager Signature on the Annexation Agreement for 1163 Thomas Drive (Saunders) f�a 6. Re-Adoption of Resolution 4664, a Resolution of Intent of the Bozeman City Commission to Create Special Improvement District(SID) 732 for the Purpose of Undertaking Certain Local Improvements to North Wallace Avenue between Lamme Street and L Street and Financing the Costs Thereof(Hixson) to 7. Provisional Adoption of Ordinance 1937, George Smith Annexation Zone Map Amendment, 1163 Thomas Drive,Application 15430 (Saunders) %a 8. Ratification of the Revised Bylaws for the Impact Fee Advisory Committee (Saunders) L0 06:02:31 PM City Manager Review of the Consent Items. City Manager Chris Kukulski gave an overview of the Consent items as listed. 06:04:19 PM Public Comment Mayor Taylor opened public comment. No person commented. Mayor Taylor closed public comment. 06:04:33 PM Motion and Vote to approve Consent Items I-8 as submitted. Commissioner- I-Ho Pomeroy: Motion Deputy Ma o�ynthia Andrus: Second Commissioner- Jeff Krauss: Approve Mayor- Carson Ta. i�pprove Commissioner-Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve F. 06:04:59 PM Public Comment Mayor Taylor opened public comment. Mayor Taylor spoke regarding the Veteran's Cemetery. 06:07:16 PM Public.Comment Closed Mayor Taylor closed Public Comment. G. 06:07:18 PM Special Presentations 1. 06:13:39 PM City of Bozeman Water Divisions Annual Report to the City Commission(Leoniak) na Director of Public Works Craig Woolard opened the presentation for the City of Bozeman Water Division's Annual Report to the City Commission. Lain Leoniak, Water Conservation Specialist spoke regarding this being a group effort. Eric Campbell, the Water Treatment Plant Superintendent spoke regarding the water quality report. John Alston, Operations Superintendent spoke regarding the water and sewer operations. Brian Heaston, Project Engineer gave an update on the Engineering Projects. 06:44:31 PM Commission questions for Staff The Commission and staff discussed adjudication processes,lead levels and testing,leak rates,the timeframe for the model, gallons per customer customers, the rebate summary, audits, education efforts, changing out types of grasses,plumbing and rebate processes, water consumption in June of 2015, Lyman Creek and 'increase in water from there, outdoor water use, and irrigation certifications. 2. 06:07:20 PM Midtown Development Code Open House Workshop(Rogers) Staff Planner Tom Rogers spoke regarding phase one of the development code redevelopment and currently where they are in the process. He spoke regarding tomorrow's open house on this item. H. Action Items 1. 07:08:23 PM A Growth Policy Amendment Application to Revise the Future Land Use Map, Figure 3-1 of the Bozeman Community Plan that would change the t Future Land Use Classification from Industrial to Regional Commercial and Services on 7.406 acres of Property located at 1 Simmental Way and Consideration of approving Resolution 4670 for the Amendment to Figure 3-1 of the Bozeman Community Plan, Simmental Growth Policy Amendment Application 15429 (Brekke) to k 07:09:11 PM Staff Presentation Staff Planner Allyson Brekke gave the staff presentation for a Growth Policy Amendment Application to Revise the Future Land Use Map,Figure 3-1 of the Bozeman Community Plan that would change the Future Land Use Classification from Industrial to Regional Commercial and Services on 7.406 acres of Property located at 1 Simmental Way and Consideration of approving Resolution 4670 for the Amendment to Figure 3-1 of the Bozeman Community Plan, Simmental Growth Policy Amendment Application 15429. 07:18:39 PM Commission questions for Staff The Commission and Staff discussed the differences in identified challenges, connection on the south side of the property,how this fits into the transportation plan into the future,the question of why this area hasn't been developed more, participation of I Wh Street, implications of policy in changes this property and the timeframe for the Community Plan update. 07:3 3:18 PM Applicant Presentation The Application representatives gave the presentation for A Growth Policy Amendment Application to Revise the Future Land Use Map,Figure 3-1 of the Bozeman Community Plan that E would change the Future Land Use Classification from Industrial to Regional Commercial and I ij !j Services on 7.406 acres of Property located at 1 Simmental Way and Consideration of approving Resolution 4670 for the Amendment to Figure 3-1 of the Bozeman Community Plan, Simmental Growth Policy Amendment Application 15429. 07:45:50 PM Commission questions for the Applicant The Commission and Applicant discussed the M-1 zoning,why not wait until the growth policy is completed, the fact that the property is for sale and if it was left M-1 what types of uses could be left there. 07:50:00 PM Public Comment Mayor Taylor opened public comment. 2 people spoke in favor of the growth policy amendment. 07:56:59 PM Public Comment Closed Mayor Taylor closed public comment. 07:57:09 PM Motion that leaving reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt alternate findings and Planning Board findings for Resolution No. 4670, a resolution of intent to amend the City of Bozeman Community Plan per application 15429 and move to approve the Simmental Growth Policy Amendment with contingencies. Commissioner—Jeff Krauss: Motion Commissioner--Chris Mehl: Second 07:57:40 PM Commission discussion on the Motion Cr.Krauss stated that there are potential uses that better address this piece of ground and our City. There is a big network and not an easy return to 19`h. Connectivity is a key piece. Accessibility may be why the land is laying fallow. We recognize that times have changed,no reason to stick to it wait until a future date. He feels his findings and statements are a basis. Now is the time to address this. Cr.Mehl stated that he will be supporting the motion. He spoke regarding the four criteria that is used to review,he spoke regarding 191h street,his feeling of consistency, the intent of the growth policy,the effect on the City as a whole, and the interest of the Commission to no create a cluster there. Cr.Andrus stated that she will support the change and this responds to the need of the community, the growth policy,encouragement of the applicant in the future to bring a unique plan in the future. Cr.Pomeroy stated that she agrees with the staff proposal. Mayor Taylor spoke in support of the motion. He spoke regarding the advantages of different growth. 08:15:11 PM Vote on the Motion that leaving reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt alternate findings and Planning Board findings for Resolution No. 4670, a resolution of intent to amend the City of Bozeman Community Plan per application 15429 and move to approve the Simmental Growth Policy Amendment with contingencies. Commissioner—Jeff Krauss: Motion Commissioner—Chris Mehl: Second Commissioner- Jeff Krauss: Approve Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Anurov_e Commissioner- I-Ho Pomeroy: Disapprove 08:15:29 PM 2.Resolution 4663 and Provisional Adoption of Ordinance 1933, Sourdough Water Tank Request for Annexation of 11.663 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of PLI,Public Lands and Institutions, 4330 Sourdough Road, Application 15-529 (Saunders)!a 08:16:27 PM Staff Presentation Future Land use policy planner Chris Saunders gave the staff presentation for Resolution 4663 and Provisional Adoption of Ordinance 1933, Sourdough Water Tank Request for Annexation of 11.663 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of PLI, Public Lands and Institutions,4330 Sourdough Road,Application 15-529. I 08:20:31 PM Commission questions for Staff None. 08:20:50 PM Public Comment. Mayor Taylor opened public comment. No person spoke. Mayor Taylor closed public comment. 08:21:06 PM Motion that leaving reviewed and considered the staff report,application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15 529 and move to approve Resolution 4663 completing the Sourdough Water Tank Annexation. Commissioner—Chris Meld: Motion Deputy Mayor Cyndy Andrus: Second I i 08:21:36 PM Commission discussion on the Motion 08:22:00 PM Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15--529 and move to approve Resolution 4663 completing the Sourdough Water Tank Annexation. Commissioner--Chris Mehl: Motion Deputy Mg o�yndy Andrus: Second Commissioner-Jeff Krauss: Approve it Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Deputes or—Cynthia Andrus: Approve I i Commissioner-I-Ho Pomeroy: Approve 08:22:13 PM Motion that having reviewed and considered the staff report,application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 15-529 and move to provisionally adopt Ordinance 1933 approving the Sourdough Water Tank Zone Map Amendment. Conunissioner—Chris Mehl: Motion Deputy Mayor—Cyndy Andrus: Second 08:23:21 PM Vote on the Motion that Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 1 S 529 and move to provisionally adopt Ordinance 1933 approving the Sourdough Water Tank Zone Map Amendment. Commissioner--Chris Mehl: Motion Deputy Mayor—Cyndy Andrus: Second Commissioner-Jeff Krauss: Approve Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 08:23:38 PM Break Mayor Taylor called for a break. 08:24:21 PM Meeting called back to order Mayor Taylor called the meeting back to order. 08:24:21 PM 3. Resolution 4659, Approving an Administrative Manual for the Inclusionaty Housing Program as Required in Ordinance 1922, as Codified in the Unified Development Code, 38.43.140(Thomas) tO 08:24:21 PM Staff Presentation Community Development Director Wendy Thomas gave the staff presentation regarding Resolution 4659, Approving an Administrative Manual for the Inclusionary Housing Program as Required in Ordinance 1922, as Codified in the Unified Development Code, 38.43.140. Audio and Video lost for the remainder of this meeting. Commission questions for staff. The Commission and Staff discussed staffing to handle this,pricing of affordable homes,the wait list and if there is a check and balance,the ability to look at drawing of homes,forms of a lien,the affidavit vs a notarized document and if they had significant impact, alternative means, the exhibits, advantages and disadvantages of a waiting list vs a pool, if the 1000 square footage can be taken out, taking a dishwasher out,homebuyer education and brochures. Public Comment Mayor Taylor opened public comment. 5 people spoke regarding energy star dishwashers, reduction of Square footage, concerns of existing housing to meet the qualifications, landscaping, concerns of the statement sold concurrently, HRDC comments related to marketing and sales of lower priced homes, Administration, Subordination, Monitoring and Enforcement by City, Alternative Means of Compliance, Pricing of Affordable homes, Minimum Design and Construction Standards, Applying for, Qualifying,Buying and occupying lower-priced homes Public Comment closed Mayor Taylor closed public comment. Motion that having reviewed and considered the staff report, public comment, and all information presented,I hereby move to approve Resolution 4659 adopting a program manual for the affordable housing program. Deputy Mayor—Cyndy Andrus: Motion Commissioner—I-Ho Pomeroy: Second ? `s Commission discussion on the Motion Deputy Mayor Andrus stated that she is going to support the manual as it is. She feels good about it. Cr.Pomeroy will support. Cr.Krauss was hoping to see some amendments. Cr.Mehl spoke regarding back end debt ratios. Amendment to the Main Motion to Amend the Minimum Heated Area for a 2 bedroom home to 800 square feet. Conunissioner—Chris Mehl: Motion Commissioner—Jeff Krauss: Second Vote on the Amendment to the Main Motion to Amend the Minimum Heated Area for a 2 bedroom home to 800 square feet. y Commissioner—Chris Mehl: Motion F Commissioner Jeff Krauss: Second Commissioner- Jeff Krauss: Disapdarove Mayor- Carson Taylor: Commissioner- Chris Mehl: Approve Deputy Mayor_.. Cyizthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve Vote on the Main Motion as amended that having reviewed and considered the staff report, public comment, and all information presented, I hereby move to approve Resolution 4659 adopting a program manual for the affordable housing program. 3 Deputy Mayor—C,+S ndy Andrus: Motion Commissioner—I-Ho Pomeroy: Second �f III Commissioner-Jeff Krauss: Approve Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Deputy Deppty Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 4. Memorandum of Understanding and License Agreement for the NorthWestern Energy Bozeman Solar Pilot Project at the Water Reclamation Facility (Meyer) t t Staff Presentation Natalie Meyer, Sustainability Coordinator gave the staff presentation regarding a Memorandum of Understanding and License Agreement for the NorthWestern Energy Bozeman Solar Pilot Project at the Water Reclamation Facility. Commission questions for staff The Commission and staff discussed the financial side of this,keeping the panels after the MOU, having these near the water reclamation facility and who owns the data. Public Comment Mayor Taylor opened public comment. One person spoke in support of this project. Mayor Taylor closed public comment. 09:19:41 PM Motion to authorize the City Manager to sign a Memorandum of Understanding and License Agreement to allow North Western Energy to develop, own, and operate a utility- scale solar photovoltaic(PP) array on city property located at the Water Reclamation Facility. Commissioner-I-Ilo Pomeroy: Motion Commissioner—Jeff Krauss: Second Discussion on the Motion Vote on the Motion to authorize the City Manager to sign a Memorandum of Understanding and License Agreement to allow North Western Energy to develop, own, and operate a utility- scale solar photovoltaic (PV) array on city property located at the Water Reclamation Facility. Commissioner- I-Ho Pomeroy: Motion Commissioner--Jeff Krauss: Second Commissioner-Jeff Krauss: Approve_ Mayor- Carson Ta ly or: Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 5. Provisional adoption of Ordinance 1935 Granting a Nonexclusive Franchise to NorthWestern Energy for Natural Gas Delivery(Stambaugh) 140 Staff Presentation Assistant City Attorney Karen Stambaugh gave the staff presentation regarding the Provisional adoption of Ordinance 1935 Granting a Nonexclusive Franchise to NorthWestern Energy for Natural Gas Delivery. On March 29,2010, the Commission adopted Resolution No. 4250 making it the City's policy to require a prohibition in "all written agreements" (with certain narrow exceptions) against discrimination in the fulfillment of the agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The nondiscrimination provision must clearly indicate that this prohibition also applies to all subcontracts. Section 2 of Resolution No. 4250 authorizes the Commission to make exceptions to this policy on a case-by-case basis. Commission questions for Staff and NortlWestern Energy The Commission and staff discussed how long the contract would be and that this is done through Ordinance. NortlWestern Energy and the Commission spoke regarding the non-discrimination language as well as sub-contractors. NorthWestern Energy expressed their concerns with the language.Emergency response and the difficulty of the language in those instances were discussed. NorthWestem has requested an exception to Resolution No. 4250 so that it may qualify the subcontractor requirement with "best efforts" language. NorthWestetn.has requested that rather than being required to include this nondiscrimination provision in its contracts with any subcontractors performing NorthWestem's obligations under the Franchise Agreement, it be required to"use best efforts"to require these nondiscrimination terms in subcontracts. Public Comment Mayor Taylor opened public comment No person commented. Mayor Taylor closed public comment Motion to provisionally adopt Ordinance No. 1935, as amended by request of NortlaWestern Energy, granting to North Western Energy a non-exclusive franchise and fixing the terms thereof under which North Western Energy may construct, equip, lay, maintain and operate natural as deliver acilities in under, upon,over and across streets avenues alleys,highways, yf , , p , , , y , bridges, easements and other public places in the City of Bozeman and may deliver and sell natural gas. Commissioner—Jeff Krauss: Motion Commissioner—Chris Mehl: Second Commission discussion on the Motion. The Commission discussed the differences between large companies' vs small companies and how the nondiscrimination language is applied. Amendment to the Main Motion to add a sentence to Section 11 of the Ordinance that the jf Franchisee shall use best efforts to require these nondiscrimination terms in contracts executed 3� ii al after the Effective Date with its subcontractors performing Franchisee's obligations under this Franchise. Franchisee must notif y the City when any subcontractor fails to agree to these terms. Commissioner—Chris Mehl: Motion Commissioner—Jeff Krauss: Second Vote on the Amendment to the Main Motion to add a sentence to Section 11 of the Ordinance that the Franchisee shall use best efforts to require these nondiscrimination terms in contracts executed after the Effective Date with its subcontractors performing Franchisee's obligations under this Franchise. Franchisee must notify the City when any subcontractor fails to agree to these terms. Commissioner—Chris Mehl: Motion Commissioner—Jeff Krauss: Second Commissioner-Jeff Krauss: Approve Mayor- Carson Ta lor: Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve Vote on the Main Motion as Amended to provisionally adopt Ordinance No. 1935, as amended by request of North Western Energy, granting to North Western Energy a non-exclusive franchise and fixing the terms thereof under which North Western Energy may construct,equip, lay, maintain and operate natural gas delivery facilities in, under, upon,over and across streets, avenues, alleys, highways, bridges, easements and other public places in the City of Bozeman and may deliver and sell natural gas. Commissioner—Jeff Krauss: Motion Commissioner—Chris Mehl: Second Commissioner-Jeff Krauss: Approve Mayor- Carson Taylor: Approve Commissioner- Cluis Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 6. (Re)Appointments to the Economic Development Council(Michalson/Ulmen) 1%- a Motion and Vote to reappoint Steve Holland and Cheryl Ridgely to the terms that expired on February 1, 2016 on the Economic Development Council. Conunissioner- Jeff Krauss: Approve _Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 7. (Re) Appointments to the Zoning Commission(Michalson/Ulmen) t4 Motion and Vote to re-appoint Dan Stevenson and appoint Jordan Zignego to the Zoning .Commission with updated terms expiring on January 31, 2018. Commissioner—Chris Mehl: Motion Deputy Mayor—Cynthia Andrus: Second Commissioner-Jeff Krauss: Approve Mayor�- Carson Taylor:_Approve Commissioner- Chris Mehl: Approve Deputy Mayor- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve I. FYI/Discussion Reminder of S a.m. Meeting in the Morning with the County Commission to discuss the Law and Justice Center. J. Adjournment Mayor Taylor adjourned the meeting at 11:30 p.m. Carson Taylor Mayor til r n ffi g y F ?rY.ATTEST: o 0 -�3'l rr C '•::� n n ( 0 1'St%cy3�m�n;CMC '(i a •jGity Clerk PC) i PREPARED BY: i s Stacy Ulmen, CMC City Clerk Approved on: