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HomeMy WebLinkAboutAttachment 3 02-02-2015 Archive City Commission Minutes 4og Sot_ 80�*� k co. THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, February 2, 2015 Mayor - Jeff Krauss: Present Depply 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 City Clerk Stacy Ulmen. A. 06:01:13 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. B. 06:01:17 PM Pledge of Allegiance and a Moment of Silence C. 06:02:00 PM Changes to the Agenda Mayor Krauss would like Consent Items 2 and 6 moved to the Action item list. D. 06:02:33 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Prnfess1onM1 Senr aees gr-ev1 ef4 it L14N4 Design (D14 4) (-Aith Allied E gine ring Sey-yiees, 1'ne. siibeentr-aeter),, —her-einaflcr- referred to asr, Design,"Consultant" for- Engineering, V brl Y1vVJ LVl UVLe111GL11 1 (TOP) Bend Pr-ejeet (Peissan4) 3. Amendment No. 2 to the Professional Services Agreement with Morrsion Maierle for the 2014 Wastewater Collection System Facility Plan Update (Murray) 4. Release and Reconveyance of Easement unto Backcheck LLC, Removing an existing Public Access Easement from Lot 12, Gallatin Park Subdivision, and to also sign a new Public Access Easement as Grantee with Backcheck LLC as Grantor, providing for a Shared Access and Fire Page 1 of 17 Fehrrnn•r 2, 2015 l3o:enrun City•Corn nission Ali notes Turnaround for and between Lot 12 and Lot 13 of Gallatin Park Subdivision (Heaston) 5. Resolution 4578, finding that the Bozeman Community Plan remains Adequate to Present Community Needs with Section 1 to read as Recommended in Alternative 2, Memorializing review of the Bozeman Community Plan (Growth Policy) and determining its Continued Adequacy to Community Needs (Saunders) o. Final Adept-ion of Or-dixanEe-1905; a—rext Amendment of theoL�. Munie1pal cede to reviseProvisions i2lating to Par inn 7 iffiefisional standards, ^ p i ea�ien numberZ14265 (Rogers) 06:02:44 PM City Manager Overview of Consent Items City Manager Chris Kukulski gave the overview of each Consent Item as submitted. 06:03:58 PM Public Comment Mayor Krauss opened public comment on the Consent Agenda. No person commented. Mayor Krauss closed public comment. 06:04:09 PM Motion and Vote to approve Consent items D. 1, 3, 4& 5 as submitted Deputy Mayor - Carson Taylor: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mqyor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve E. 06:04:33 PM Public Comment Mayor Krauss opened General public comment. No person commented. Mayor Krauss closed public comment. F. 06:05:12 PM Action Items Consent Item 2: 06:05:15 PM Professional Services Agreement with DHM Design (DHM) (with Allied Engineering Services, Inc. subcontractor), hereinafter referred to as, "Consultant" for Design, Engineering, and Construction Administration Services for Bozeman Pond Park Expansion Trails, Open Space and Parks (TOP) Bond Project (Poissant) 06:05:39 PM Staff Presentation Parks and Recreation Director Mitch Overton and Project Manager for the TOPs Program Carolyn Poissant gave the staff presentation for the Professional Services Agreement with DHM Design (DHM) (with Allied Engineering Services, Inc. subcontractor), Page 2 of 17 F'ehrum-1•Z, 2015 lBo_eman Citr Commission Minutes hereinafter referred to as, "Consultant" for Design, Engineering, and Construction Administration Services for Bozeman Pond Park Expansion Trails, Open Space and Parks (TOP) Bond Project. 06:10:49 PM Commission questions for Staff The Commission asked for clarification on the funding, the ability for existing staff to do the work, the fact that on site would be the Parks Department, existing workloads related to Engineering, the Consultants connection to Bozeman, the question of enough money to do this with the expectations we had when we bought the land and sustainability was emphasized. 06:15:20 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:15:24 PM Motion to authorize the City Manager to sign the Professional Services Agreement with DHM Design (DHM) (with Allied Engineering Services, Inc. subcontractor), hereinafter referred to as, "Consultant"for Design, Engineering, and Construction Administration Services for Bozeman Pond Park Expansion Trails, Open Space and Parks (TOP) Bond Project. Commissioner - I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd 06:16:05 PM Commission discussion on the Motion Mayor Krauss stated that he will be voting against the motion and spoke regarding his concerns related to the costs. 06:17:14 PM Vote on the Motion to authorize the City Manager to sign the Professional Services Agreement with DHM Design (DHM) (with Allied Engineering Services, Inc. subcontractor), hereinafter referred to as, "Consultant" for Design, Engineering, and Construction Administration Services for Bozeman Pond Park Expansion Trails, Open Space and Parks (TOP) Bond Project. Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor - Carson Taylor: pprove Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Disapprove Page 3 of 17 Fehruarr 2, 2015 Bn_entun Cite Commission Hinules Consent Item 6: 06:17:30 PM Final Adoption of Ordinance 1905, a Text Amendment of the Bozeman Municipal Code to revise Provisions relating to Parking Dimensional standards, application number Z14265 (Rogers) No presentation needed however the Mayor reminded staff that when an item is not a unanimous vote, the item needs to be an Action item. 06:17:59 PM Public Comment Mayor Krauss opened Public Comment. No person commented. Mayor Krauss closed Public Comment. 06:18:07 PM Motion that having reviewed and considered the application materials, previous public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held, I support provisional adoption of Ordinance 1905 given on January 5, 2015, and support final adoption of Ordinance 1905 the Parking Dimensional Standards text amendment, Application Z14265. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 06:18:41 PM Commission Discussion on the Motion Cr. Mehl stated that we are making our standards as other cities that have snow and big trucks and hold the public to the same standards. Mayor Krauss stated that he is opposed. 06:19:04 PM Vote on the Motion that having reviewed and considered the application materials,previous public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held, I support provisional adoption of Ordinance 1905 given on January 5, 2015; and support final adoption of Ordinance 1905 the Parking Dimensional Standards text amendment, Application Z14265. Commissioner- Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor- Jeff Krauss: Disapprove Deput Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus. Approve Commissioner- I-Ho Pomeroy: Approve 1. 06:19:18 PM The Crossing at Baxter Meadows Preliminary Plat to allow the Re-platting of 12 lots and the removal of Restricted Size Lots (RSL) designation, Lots 2-7 & 10-15 in Block 3 of Baxter Meadows, Phase 4A Page 4of17 Fehrtany?, 2015 Bozeman Olt,Commission Alinuies Subdivision totaling 1.377 acres, into 10 single-household lots, Application P14027 (Quasi) (Rogers) 06:19:30 PM Staff Presentation Staff Planner Tom Rogers gave the presentation for the Crossing at Baxter Meadows Preliminary Plat to allow the Re-platting of 12 lots and the removal of Restricted Size Lots (RSL) designation, Lots 2-7 & 10-15 in Block 3 of Baxter Meadows, Phase 4A Subdivision totaling 1.377 acres, into 10 single-household lots,Application P14027. 06:26:16 PM Commission questions for Staff The Commission and Staff discussed what would happen if the infrastructure remains, the fact that staff is suggesting that the infrastructure be dug up and moved,the size of the lot and the maximum requirements, what would happen if the first motion is not agreed to, but the second motion passes, the lot sizes to the north and south of this area, the fact that those are larger than what is being requested, the location of the infrastructure and that they are very close to the property line, the point of the RSL lots in the past, the year the original plat was approved, workforce housing efforts, the amount of RSL lots that have been built on and how this condition is enforced in other parts of town. 06:39:40 PM Applicant Presentation The Applicant Representative gave their presentation for the Crossing at Baxter Meadows Preliminary Plat to allow the Re-platting of 12 lots and the removal of Restricted Size Lots (RSL) designation, Lots 2-7 & 10-15 in Block 3 of Baxter Meadows, Phase 4A Subdivision totaling 1.377 acres, into 10 single-household lots, Application P14027. The goal is that the Applicant wants to build flexible housing types and to create diversity in the area. 06:47:34 PM Commission questions for the Applicant Discussion took place between the Commission and Applicant about the fact that the developer knew there were RSLs in place when they purchased the property, assurance of what is being proposed will be built in regards to the lot size, the reason that the applicant wants to reduce the number of lots, the position of the applicant that larger homes are more marketable, the applicant's hardship asking to be exempt from the engineering, the intent to not disrupt existing members that live there, small lots verses less expensive housing. 06:53:51 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:54:09 PM Clarification from Engineering City Engineer Bob Murray and the Commission discussed interference of the Street itself including 6 street cuts and the timeframe to get this completed if approved. Page 5 of 17 Febrtrurr 2, 2015 Bo=emurr Citt,Commission Alnmtes 06:55:20 PM Motion that having reviewed the request to remove the Restricted Size Lots (RSL) designation for these 12 lots and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding the Restricted Size Lots (RSL) and move to terminate the designation in coordination with the final plat of this amended subdivision. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd 06:56:00 PM Commission Discussion Cr. Andrus she will not support. Applicant was aware of what they were buying and other discussions by the Commission were the need for Affordable Housing. There is a need for this in the community. Cr. Mehl stated his support and that the Commission has removed other RSLs in the past. He spoke regarding expenses related to small houses. This would be consistent if we approve this. He spoke regarding re-sale and the need for clarity and City policy. There are lots even bigger than this all around and still some small units in the area. Mayor Krauss spoke about his general view of Workforce Housing and the desire for different types of housing types. He spoke regarding shortages including people, restricting the market artificially, and what could occur if the RSL was left in place. Deputy Mayor Taylor stated that he is torn on this. He recognizes that all RSL lots do not result in price levels we would like them to, he agrees with the Mayor about wanting to create a variety of housing, spoke regarding the builder and efforts of building in the past. He does not hear a compelling case. Cr. Pomeroy stated that we need less expensive housing and increased number of housing.Not going to support the motion. 07:09:52 PM Vote on the Motion that having reviewed the request to remove the Restricted Size Lots (RSL) designation for these 12 lots and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report regarding the Restricted Size Lots (RSL) and move to terminate the designation in coordination with the final plat of this amended subdivision. Commissioner - Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Disapprove Commissioner- I-Ho Pomeroy: Disapprove Motion failed 2-3. Page 6of17 February 2. 2015 Bo=entan C'itr Commission Alintues 07:11:20 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 P14027 and move to approve the major subdivision with. conditions 1-8 and subject to all applicable code provisions and incorporating all prior actions with the conditions set forth in the staff report. Deputy Mayor - Carson Taylor: Motion Commissioner- Chris Mehl: 2nd 07:11:53 PM Friendly amendment to eliminate Condition No. 4 because it has to do with RSLs and is no longer relevant. Cr. Mehl stated that Condition 4 is no longer relevant and posed a friendly amendment. Deputy Mayor Taylor agreed to the friendly amendment. 07:12:09 PM Commission discussion on the Motion Deputy Mayor Taylor spoke regarding the findings and stated them. Cr. Mehl he respects the will of the majority and asked not to hang this on the utilities. Expand on the reasons to be beyond this. Mayor Krauss stated that this is one of those cases where we are inconsistent. And he can't find a reason. He spoke regarding the fact that original plats are changed almost weekly. He spoke regarding considerations of the impact on neighborhoods. We have not shown workforce housing as defined now. He can't find an adverse effect to the neighborhood. 07:17:20 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 P14027 and move to approve the major subdivision with conditions 1-8 and subject to all applicable code provisions and incorporating all prior actions with the conditions set forth in the staff report and the friendly amendment to eliminate Condition No. 4 because it has to do with RSLs and is no longer relevant. Deputy Mayor - Carson Taylor: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: approve Motion failed 2-3. 07:18:29 PM Break. Mayor Krauss called for a break. Page 7 of 17 Februmy?. 2015 Bozeman CRY Commission Riiuutes 07:32:38 PM Back to order Mayor Krauss called the meeting back to order. 2. 07:32:46 PM Traditions Phase 2 & 3 Preliminary Plat to Subdivide 21.38 Acres into 22 Single-household Residential Lots, Five (5) Multi- household Residential Lots, Two (2) Open Space lots, One (1) Park, and with the remaining area as Street Right of Ways with Variances, Application P14042 (Quasi) (Rogers) 07:32:55 PM Staff Presentation Staff Planner Tom Rogers gave the staff presentation for the Traditions Phase 2 & 3 Preliminary Plat to Subdivide 21.38 Acres into 22 Single-household Residential Lots, Five (5) Multi-household Residential Lots, Two (2) Open Space lots, One (1) Park, and with the remaining area as Street Right of Ways with Variances, Application P14042. 07:48:00 PM Commission questions for Staff The Commission and Staff discussed the build out to the east, the original plat for this development, the existing infrastructure, the purpose of the size of the blocks, the idea behind the size of the lots that were approved in the past, the parks issue and the fact that it will come back to the Commission in the future prior to final plat approval, consistency with the Park and Recreation board, the intersection and funding along with the traffic study, how it is determined that an intersection is failing, continued development impacts, the year the original plat was approved, sidewalks and the desire by staff to have them build a pedestrian crossing, the block length, the fact that the utility stubs are already there, the possibility of a Street Improvement District, building permits, the City CIP scheduling for the 60% improvement to Durston and the fact that the 40% is unknown at this time, moving items around in the CIP and changing the timing initiated either by the City or the Applicant, what is currently scheduled on the CIP for other intersections, the question of where the non-impact fee share will come from, arterial and collector systems and policy direction related to improvements, our current traffic studies and how costs could be spread. 08:07:03 PM Applicant Presentation The Applicant Representative gave their presentation for the Traditions Phase 2 & 3 Preliminary Plat to Subdivide 21.38 Acres into 22 Single-household Residential Lots, Five (5) Multi-household Residential Lots, Two (2) Open Space lots, One (1) Park, and with the remaining area as Street Right of Ways with Variances, Application P14042. There is quite a bit of park with the subdivision, the prior effort of trying to eliminate access to Cottonwood. It would be substantial work to move lot lines in regards to the trail. The intersection costs are a large amount. He spoke regarding the State law and how it relates to the 40%. It makes more sense about to look at the propionate impact. He spoke regarding the traffic report. 08:12:49 PM Commission questions for the Applicant The Commission and Applicant discussed the impact of moving lots, the effect of the lots and the fact that they are already narrow, the improvements of the intersection and the Page 8of17 Februail•2, 2015 Bo_enran City C'o117117iSS1017 l 1111tes costs and a possible solution and the timing of the construction if this is approved and the timeline for occupancy. 08:16:33 PM Public Comment Mayor Krauss opened public comment. No.person commented. Mayor Krauss closed public comment. 08:16:47 PM Commission questions The City Attorney spoke regarding proportionality. 08:18:23 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 and move to approve the variance from Section 38.24.060.B.4 to allow the intersection of Cottonwood and Durston Roads to operate below a level of service of"C"as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions set forth in the staff report. Commissioner - Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 08:19:25 PM Commission discussion on the Motion Cr. Mehl suggested to change condition No. 33 and then inserted his recommendation. There is no process for addressing others that come on line in the future. Cr. Andrus she won't approve as it is but with Cr. Mehl's suggestion, she might. Deputy Mayor Taylor spoke regarding if the variance was denied and the impacts of that in regards to other projects down the line. Mayor Krauss wondered if this is the most important intersection to fix. It is scheduled for 2019. He spoke regarding why the intersection is failing. There is a school in the area so those may be good ideas to move it up on the CIP. He spoke regarding Laurel Glen and SIDS and the need for roads and not just intersections. He gave a list of roads that caused a stoppage of growth in the past. Think about the City as a whole. Think about what you want the policy to be into the future. There are safety concerns. 08:31:22 PM Clarification of proposed edits. The Commission and City Attorney spoke regarding adding "according to proportional costs after financially guaranteed" variance would be dead because we would use this instead. This would allow the applicant to get the final plat. Staff would work with the applicant to determine how to determine the proportionate amount but they wouldn't be able to pull building permits. 08:36:14 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 and move to approve the variance from Section 38.24.060.B.4 to allow the intersection of Cottonwood and Durston Roads to operate Page 9 of 17 Fchriany 2, 2015 Bo_cmun Cite Commission Alimiles• below a level of service of"C"as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions setforth in the staff report. Commissioner- Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Disapprove Commissioner - Chris Mehl: Disapprove Commissioner - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Motion failed 0-5. 08:36:29 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 and move to approve the variance from Section 38.23.040 as presented in the staff report and move to approve Block 1 to have a length in excess of 400 feet as depicted on the preliminary plat in the submittal materials. Commissioner - I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd 08:37:20 PM Commission discussion on the motion. Cr. Pomeroy spoke regarding the developer's statement regarding installing the mid block pedestrian crossing in that it is a significant change. She will support this variance. Cr. Mehl stated that he supports the Motion. He does not feel it is detrimental to health and safety. He spoke regarding the existing physical surroundings. Cr. Andrus stated that she will support this variance. Deputy Mayor Taylor spoke regarding the existing infrastructure. Mayor Krauss spoke regarding the mid block crossings and stated that they were not allowed in the past. He spoke regarding access and his safety concern with the mid block crossing. It doesn't grant benefits to those in the subdivision or others in the area. He spoke regarding the geographical issue. 08:43:33 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 and move to approve the variance from Section 38.23.040 as presented in the staff report and move to approve Block I to have a length in excess of 400 feet as depicted on the preliminary plat in the submittal materials. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Page 10 of 17 Fehruurr 2,2015 Bozeman 011,Connnission Minutes Commissioner - I-I Io Pomeroy: Approve 08:43:50 PM Amendment to Condition No. 33 reading as follows: "The substandard level of service at the intersection of Cottonwood and Durston shall be mitigated or financially guaranteed according to proportional costs prior to final plat approval and the mitigation complete prior to issuance of a building permit •nkess a ,.,,..:,.--�� gmnted by the Qty Commission-. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 08:44:35 PM Commission Discussion on the Amendment Cr. Mehl stated that we need to make sure that we have the prioritization for intersections and to continue to try to find answers. This gets us closer to doing that. Cr. Andrus looks forward to more discussion on transportation and is important to both the Commission and the Community and is committed to finding more dollars to figure this out. Cr. Pomeroy agrees with Cr. Andrus. Deputy Mayor Taylor stated that this is a better solution then where we have been. The goal and requirement is that the upgrade will be built before anybody moves in. 08:47:52 PM Vote on the Amendment to Condition No. 33 reading as follows: "The substandard level of service at the intersection of Cottonwood and Durston shall be mitigated or financially guaranteed according to proportional costs prior to final plat approval and the mitigation complete prior to issuance of a building permit, unless a Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor-Jeff Krauss: Approve Depuq Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 08:48:09 PM Motion and Vote 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 P14042 and move to approve Traditions Phase 2 and 3 Major Subdivision with conditions and subject to all applicable code provisions with the amendment to Condition No. 33 as amended Commissioner- I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Page 11 of 17 Fehrrrarl•2. 2015 Bu:ern(ul 01.1-('Ol1)]lii5'si071 Alinutes Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 08:49:08 PM Break Mayor Krauss declared a break. 08:59:41 PM Meeting called back to order. Mayor Krauss called the meeting back to order. 3. 08:59:44 PM Provisional Adoption of Ordinance 1906, Ratifying the City Manager's Signature on an Amendment to the Original Purchase and Sale Agreement Transferring Ownership of the North Park Property to Micropolitan Enterprises, LLC and Powder River Comp., LLC (415 vote of the Cornnrission required) (Fontenot) 09:00:17 PM Staff Presentation City Economic Director Brit Fontenot gave the staff presentation for the Provisional Adoption of Ordinance 1906, Ratifying the City Manager's Signature on an Amendment to the Original Purchase and Sale Agreement Transferring Ownership of the North Park Property to Micropolitan Enterprises, LLC and Powder River Comp., LLC. 09:03:36 PM Commission questions for Staff The Commission and staff discussed the difference in value from when we agreed to sell it and when it will be finally purchased, using the final appraisal, relaxations and changes that the buyers are asking for in regards to earnest money. 09:06:05 PM Public Comment Mayor Krauss opened public comment 09:06:19 PM Chris Wilcox,Public Comment Mr. Wilcox stated that Mr. Fontenot is just doing his job. He feels that it should be worth more. He spoke regarding the money "stole" from the public and there is a need to know. 09:08:00 PM Jerry Pape,Public Comment Mr. Pape spoke regarding spending money to improve property and that the property is worth more than what we are selling it for. That property has a special purpose. Developers want to develop and the City owes it to the Constituency to get the most money that you can get. Make money where money is deserved. 09:11:26 PM Public Comment Mayor Krauss closed public comment. 09:11:46 PM Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1906 and findings enumerated in the Staff memo and articulated by the Commission during discussion, I hereby move to Page 12 of 17 February 2, 2015 Bozeman City•CunmtiSSiolt AlinuteS provisionally adopt Ordinance 1906 ratifying the City Manager's signature on the amendment to the original Agreement to Sell and Purchase Real Estate, the North Park property, with Micropolitan Enterprises, LLC and Powder River Company, LLC. Commissioner - Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd 09:12:27 PM Commission Discussion on the Motion Cr. Mehl stated he understands the issue with the appraisals, but he is a steward of other people's money. We do not have the skill set of the private sector. It is important that we finalize this. He is supporting. At some point the City has to be humble. When we opened the bids in 2014, we got one bid. Cr. Andrus agrees with Cr. Mehl. This is a local group that wants to do something with this property. Cr. Pomeroy agrees with Cr. Mehl and Cr. Andrus. We need to focus on what our priority is. She agrees with being humble. Deputy Mayor Taylor stated that it grieved him a bit about what we were going to sell the property for but if it doesn't get done this time, all bets are off. He hopes that it does work out. Mayor Krauss stated he doesn't feel he can vote for it. He feels that we are taking less in this deal. He felt there should have been some give and take. Other people have dealt with difficult pieces of property. 09:29:46 PM Buyer Representative of the Property Jason Leap who is representing the buyer spoke regarding the Redwing Drive and that they cannot use it for access and now they can't use it. They were not aware of this when they originally got under contract. They now need to determine access. They acknowledge this. 09:33:05 PM Continued Commission discussion. The Commission discussed the issue with Redwing Drive. Mayor Krauss is changing his vote due to the information that Mr. Leap conveyed. 09:37:24 PM Vote on the Motion that having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1906 and findings enumerated in the Staff memo and articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1906 ratifying the City Manager's signature on the amendment to the original Agreement to Sell and Purchase Real Estate, the North Park property, with Micropolitan Enterprises, LLC and Powder River Company,LLC. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Page 13 of 17 February 2, 2015 Bozeman Cite Commission rl/inuies Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Disapprove 4. 09:38.29 PM Planning Fee Study Report and Recommendation (Thomas) 09:39:16 PM Staff Presentation Director of Community Development Wendy Thomas began the presentation for the Planning Fee Study Report and Recommendation. There is a movement towards cost recovery. Open Windows Consultant, Julie Cerenzia went over the methodology for the fees. Ms. Thomas spoke regarding the desire to consolidate 2 separate review processes. 09:57:02 PM Commission questions for Staff Deputy Mayor Taylor spoke regarding the increased amount for the Mendenhall Mixed Use. He wondered if we had a valuation of the project. Ms. Thomas estimated in the millions. What will the general fund contribution be? Ms. Thomas stated that it is hard to project because this is based on a project specific basis, however it should be less than it has been. 09:59:27 PM Motion and Vote to extend the meeting to 10:20 p.m. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 09:59:45 PM Continued Commission questions for Staff Mayor Krauss stated that he would like the Consultant's presentation on paper. His concern are the unintended consequence and that this discourages access to elected officials. He doesn't see the standard of how much time it takes to do "X" and that there needs to be an efficiency side and standards for how long something will take. Brainstorm a little bit more. Cr. Andrus wondered if this was common practice. The consultant answered that it is nationwide and that labor costs are low compared to other municipalities. Cr. Andrus spoke regarding the Sunguard system. Ms. Thomas stated that we will need to pull in Sunguard to do this but there may be a cost share with building. Discussion continued regarding recording billable hours and the lack of feedback from other entities. Ms. Thomas stated that no public comment has come back. Cr. Mehl stated that he supports more accuracy and appreciates the effort. It would be great to get the methods. He continued discussion on the noticing fees and asked the Consultant about the advisory boards and how those were accounted for. He is wondering if this is double dipping. Get explanation as to why this is not double dipping. There is a need to look at the jump in the "overhead". Page 14of17 Februm.r 2, 2015 Bozeman Cite•Connniesion Afintrtes 10:17:27 PM Rules suspended. Mayor Krauss suspended the Rules. 10:18:08 PM Public Comment Mayor Krauss opened public comment. 10:18:22 PM Rob Evans,Public Comment Mr. Evans from the Southwest Montana Building Industry Association (SWMBIA) spoke regarding cost accounting, high priority and efficiency. If this increases the cost of housing, he is not sure about it. This may be an economic model. He urged the Commission to look at all systems involved. 10:20:36 PM Brian Popiel, Public Comment Mr. Popiel from SWMBIA stated that he applauds this because there has been confusion in the fee structure. It has been a shot in the dark. SWIMBIA would like to look at this more in depth. They would like to emphasize that their other constituency being served by plan review. 10:22:38 PM Jerry Pape, Public Comment Mr. Pape from SWMBIA commended the Director for looking at this task. His concerns are that it is difficult to understand the scope of the variations. There is a need to look at proportionality. There will always be some subsidizing in this. 10:24:29 PM Public Comment closed. Mayor Krauss closed public comment. 10:25:40 PM Motion and Vote to accept the report and postpone further discussion on this matter to a date to be determined in March by the Mayor and City Manager. Deputy Mayor- Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mqyor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Direction Methodology, double dipping and what are we subsidizing were the points that the Commission would like to see addressed. The Mayor would like to set aside an hour from 5-6 p.m. sometime in March. 5. 10:27:00 PM (Re)appointments to the City-County Board of Health (Michalson) Page 15 of 17 Fehritan,2, 2015 Bo eman City Commission A9imtes 10:27:02 PM Motion and Vote to reappoint Carson Taylor to the City Appointee position on the City-County Board of Health with a term expiration of January 1, 2018. 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 10:27:18 PM Motion and Vote to appoint new applicant Jane Mahlow as recommended by the County Commission, to the Joint City-County position on the City-County Board of Health with a term expiration of January 15, 2018. Deputy Mayor - Carson Taylor: 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 G. 10:28:11 PM FYI/Discussion 1. Discuss Canceling the March 9th Commission Meeting (Ulmen) The Commission would like this discussion moved to next week. 2. Discussion of Boards. H. 10:28:55 PM Adjournment Mayor Krauss adjourned the meeting at 10:2 p. Jeffrey-K.-Krauss G '. . Mayor F A T Sr-. . �t`sLC�'��IY1en,-CMC Cily'Clerk RED BY: Page 16 of 17 Februmy?, 2015 Bozeman Cite•Commission A9fmrtes Stacy Ulmen, CMC City Clerk Approved on: Page 17 of 17