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HomeMy WebLinkAbout05-23-16 City Commission Minutes • _ r THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, May 23,2016 Commissioner-Jeff Krauss: Present Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Deputy Mayor-Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present City Staff Present: Chris Kukulski, City Manager; Greg Sullivan, City Attorney; Robin Crough, City Clerk; Pearl Michalson, Deputy City Clerk A. 05:59:17 PM Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:OOP.M. I B. 05:59:26 PM Pledge of Allegiance and a Moment of Silence C. 06:00:31 PM Changes to the Agenda • 06:00:33 PM City Manager Chris Kukulski notified the Mayor that City Clerk Crough will give a Public Service Announcement regarding Memorial Day. • 06:00:47 PM Mayor Taylor requested that the order of Action Items be changed.Action Items 2, 3, and 4 would move up, with Action Item 1 moving to after Action Item 4. Final order will be 2, 3, 4, 1, 5. 06:01:38 PM Public Service Announcement City Clerk Crough notified the Commission and public that City offices will be closed on Monday, May 30th in observance of Memorial Day.There will be no City Commission meeting that evening. Garbage service will be pushed back one day for the week, and payments are still welcome through the City Hall drop box. D. 06:02:14 PM Consent i 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Authorize City Manager Signature on Renewable Resource Grant Application for the Sunset Hills Cemetery and Lindley Park Water Conservation Project (Leoniak) Mtn 1 May 23,2016 Bozeman City Commission Minutes 3. Authorize City Manager to Sign the Notice of Award for the 2016 Burrup Lift Station Improvements-(Gamradt) 4. Authorize City Manager to Sign MDT Encroachment Permits for the Downtown North 7th Conduit Project(Fine) a 5. Ordinance 1939 Final Adoption of Agreement to Exchange Land with Help Center Inc (Poissant) a 6. Easement Agreement for Path to the M Trails, Open Space, and Parks Project Parcel 024A (Poissant) t z 7. Agreement with Montana Rail Link Construction and Maintenance for a Public Sidewalk Crossing in Bozeman Montana at North Wallace Street(Fontenot) M�; 8. Amendment Number 2 to the Professional Services Agreement with Sanderson Stewart for Front Street Connector Trail Design and Engineering (Poissant) t,'�- 9. Contract Amendment Number 5 with Morrison-Maierle for North 7th Avenue Lighting and Sidewalk Project(Fine) tGz 10. Agreement with Dick Anderson Construction Inc.for General Contractor/Construction Manager Services for the Bozeman Sports Park(Poissant) t - 06:02:19 PM City Manager overview of Consent Items. City Manager Kukulski gave an overview of each Consent Item as listed. 06:03:49 PM Public Comment Mayor Taylor opened public comment for Consent Items D1-10. There was no public comment. Public comment was closed. 06:04:07 PM Motion to approve Consent Items 1-10 as submitted. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd 06:04:17 PM Discussion Cr. Krauss commented that at some point the City should engineer their own trails. 06:04:43 PM Vote on the Motion to approve Consent Items 1-10 as submitted. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus: Approve 2 May 23,2016 Bozeman City Commission Minutes Commissioner- I-Ho Pomeroy: Approve E. 06:05:08 PM Public Comment Mayor Taylor opened general public comment. There was no public comment. Public comment was closed. F. 06:06:25 PM Action Items 2. 06:06:38 PM A Conditional Use Permit (CUP) Application to Allow the Sales of Alcohol for On-Premise Consumption in an Existing Permitted Restaurant at 1520 West Main Street Application 16154(Quasi-Judicial) (Rice) Ma i 06:06:56 PM Wendy Thomas, Staff Presentation Community development director Wendy Thomas introduces the new Planner in the Community i Development Office, Mayana Rice. I 06:07:49 PM Mayana Rice,Staff Presentation Entered into record the staff report. A CUP permit for Roost Fried Chicken was discussed. Existing building, primarily for retail and the sale of alcohol. Applicant has agreed. ii t 06:13:21 PM Questions of Staff Cr. Mehl asked why Condition 3 was worded inconsistently with the past. Staff responded it is consistent with a previous condition. He also asked if it is an issue that we are asking them to provide something for which the City is responsible. Staff responded no. Cr. Mehl also requested to remove specific staff names as a contact in Condition 5.Staff affirmed. i 1- 06:15:54 PM Joe Darr, Roost Fried Chicken-Applicant Presentation Mr. Darr requested the City Commission's support as it will enhance their business. G 06:16:27 PM Questions of Applicant Deputy Mayor Andrus asked why the Commission should grant this permit. Applicant responded that c' the addition of alcohol will enhance the business in a number of ways. Cr. Mehl asked if the applicant has seen the staff report and agreed with the conditions.Applicant confirmed. 4 06:18:47 PM Public Comment Mayor Taylor opened public comment. There was no public comment. Public comment was closed. 3 May 23,2016 Bozeman City Commission Minutes 06:19:05 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 16154 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 06:19:23 PM Discussion Cr. Mehl stated the application and conditions were appropriate,so he supports the motion. Cr. Pomeroy stated she supports the motion as it will improve his business. Cr. Krauss stated the application in this case is not exceptional, need to look at regulations and see why this would be an exception to sell alcohol in a restaurant.The City should look at its regulations. He does support the motion. 06:22:00 PM Vote on the Motion that having reviewed and considered the application materials, public comment, and all the information presented, ►hereby adopt the findings presented in the staff report for application 16154 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor: Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner- 1-Ho Pomerov: Approve 3. 06:22:14 PM Public Hearing on the Continuation of Application 15320 the Lamme Street Zone Map Amendment(ZMA)Application from May 23, 2016 to June 27, 2016 (Rogers) 06:23:55 PM Wendy Thomas,Staff Presentation Community Development Director Thomas requested that this item be moved to a later date.Staff were unable to get paper notices in the mail, so they asked for a continuance to June 27, 2016 for this item. 06:25:11 PM Public Comment and Questions of Staff Mayor Taylor opened public comment. There was no public comment nor questions for staff. Public comment was closed. 06:25:23 PM Motion to continue the public hearing on application 15530, the Lamme Street Zone Map Amendment application from May 23,2016 to June 27,2016. 4 May 23,2016 Bozeman City Commission Minutes Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 06:25:51 PM Discussion Mayor Taylor reminded the public of a June 15th meeting at 6 or 6:30 PM at the high school on the issue. 06:26:28 PM Motion and Vote to hereby continue the public hearing on application 15530, the Lamme Street Zone Map Amendment application from May 23,2016 to June 27,2016. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy:Approve 4. 06:26:41 PM Authorize the Mayor Signature on a Memorandum of Agreement Between the City of Bozeman, Gallatin County, and City of Belgrade to Establish a Planning Coordinating Committee (Saunders) 114Cz j 06:27:09 PM Discussion Community Development Director Wendy Thomas requested a 5 minute break to allow staff to arrive. Mayor Taylor decided to return to the original order and address Action Item 1 instead. 1. 06:28:12 PM Fiscal Year 2017 (FY17) Budget Work Session Enterprise Funds (Rosenberry) li F 06:28:24 PM Staff Presentation Anna Rosenberry,Administrative Services Director presented tonight's review of the City Manager's Recommended Budget of the City's 5 Enterprise Funds: water,wastewater, stormwater, solid waste, and parking.She presented a general overview. Water—2.5% rate increase for FY17 (already adopted), short-term workers requested, explanation of expenditures. Director Rosenberry notes a change in the final budget as a correction. Discussed metered water sales as the primary revenue. Revenues are exceeding what was estimated. 06:35:21 PM Questions of Staff Deputy Mayor Andrus asked what the data was that is to be collected with the rate study. tStaff p Y Y responded in detail. Craig Woolard added that now is the time to look at the rate model due to new programs. Requested workers are temporary and for data collection purposes. 5 May 23,2016 Bozeman City Commission Minutes Cr. Mehl asked why there is no water impact fees CIP.Staff responded there are no changes. Mayor Taylor asked about the last few years of rate changes.Staff responded in detail about current status and future needed changes. 06:43:30 PM Presentation Continued Wastewater—3% increase in FY17, including short-term workers for data collection. Expenditures and capital discussed in detail.There will be a potential revision to the capital list that may be presented on June 6th or 13th that were unscheduled, but may be changed because of developer interest. 06:46:28 PM Questions of Staff Cr. Mehl asked about$2 million in "other" budgeted revenues. Staff responded that these are related to developer contributions or potential loan to complete projects—specifically South University project and Cattail Creek.These numbers are available in the CIP book approved in December. Director Woolard responded that funds were for Bridger Canyon road improvement, as well as capital plan projects determined in book and online. Director Rosenberry directed towards the online resources, and demonstrated in the CIP document. Cr. Mehl asked for further clarification of loans and payback in the fund.Staff responded. 06:54:32 PM Presentation Continued Stormwater—No recommended rate change, requested short-term workers for data collection. One proposed change for final budget, adding the Law&Justice Site and Water Reclamation Facility Stormwater Materials Handling Facility. Director Woolard discussed the change in further detail. 06:59:20 PM Questions of Staff Cr. Mehl asked how it worked that the City addressed stormwater on County property. Director Woolard responded it was related to drainage, and that the City must address past issues,with the expectation of one to three a year of these projects in the future. He also asked if the L&J bond affected this. Staff responded timing and detail may change. He asked for further detail about revenue/budget discrepancy. Director Rosenberry responded that the City is ahead of where they expected because of growth and other factors. 07:06:08 PM Presentation Continued Solid Waste—2% recommended rate change for FY17 & FY18, one City Service Worker requested.This does not include any costs related to the landfill project. 07:09:04 PM Questions of Staff Cr. Mehl asked for further clarification of the average recycling customer. Solid Waste Superintendent Kevin Handelin responded the City currently has about 30%of customers with waste and recycling. Deputy Mayor Andrus asked what the average customer would receive with the increased rates. Director Woolard responded in detail. 07:12:18 PM Presentation Continued 6 May 23,2016 Bozeman City Commission Minutes Parking—Expenditures of operating and capital costs were discussed.Total revenues do not equal expenditures for FY17. Staff discussed upcoming parking fund concerns, specifically because of a decline in fines. If no changes in current policy and practices,the projected FY18—FY21 models showed a negative balance. 07:18:19 PM Questions of Staff Cr. Mehl asked about the discrepancy between numbers on current slide and staff memo.Staff responded. He questioned whether it makes more sense to wait until August in order to have more accurate numbers. Staff responded the budget process is an estimate, and it is a give and take of accuracy versus time. Director Rosenberry explained that the process is constantly in flux. Cr. Mehl reiterated his interest in finding a middle ground to decrease the margin of error. Cr. Krauss expressed the value of having a set budget at the beginning of July. Related to parking, asked for clarity if the Parking Commission is the administrative board with authority and limitations, and will the Parking Commission determine policy?Staff responded that correct, but the City wanted to bring this before the City Commission. Discussion on the Parking Commission continued. Mayor Taylor asked why TIF payments stop in a few years. Staff responded that the capital projects that the Downtown TIF has agreed to contribute to end. Further steps can be discussed in the future. 07:36:35 PM Public Comment Mayor Taylor opened public comment on Action Item 1. There was no public comment. Public comment was closed. 07:37:16 PM Discussion Cr. Pomeroy expressed that she would like to see a 5% budget cut, approximately$5 million. Cr. Krauss discussed the nature and purpose of enterprise funds. Mayor Taylor acknowledged that a growing city costs money, as does catch-up. He does not intend to cut the General Fund. City Manager Kukulski asked for further clarification of next steps. Cr. Krauss wanted to know what the implication of freezing water and sewer rates for a year. Cr. Mehl discussed the financial/resource implications since the City has done it before.Staff responded in detail. Consider the motion: No Motion is required.Advertised as Action Item so that Commissioners may direct staff as necessary. 07:56:57 PM Break Mayor Taylor called for a break until 8:10 PM. 08:11:28 PM Meeting Called Back to Order 7 May 23,2016 Bozeman City Commission Minutes 4. 08:11:44 PM Authorize the Mayor Signature on a Memorandum of Agreement Between the City of Bozeman, Gallatin County, and City of Belgrade to Establish a Planning Coordinating Committee (Saunders) a 08:12:24 PM Chris Saunders, Staff Presentation City of Bozeman, Gallatin County, and City of Belgrade recommended a structured,formal Planning Coordinating Committee. It is recommended by the current growth policy. Further described the motions and appointment options. 08:16:07 PM Questions of Staff Deputy Mayor Andrus asked when the plan was written.Staff responded 2014. Cr. Mehl asked about the scope of the plan.Staff responded to the jurisdiction, and the County is the primary coordinator of the group. He also asked if the Commission could appoint a citizen tonight. Staff responded no, it is not on the agenda. Deputy Mayor Andrus asked for further details about the meetings. Staff responded. 08:20:00 PM Public Comment Mayor Taylor opened public comment. There was no public comment. Public comment was closed. 08:22:10 PM Motion that having considered the information provided by staff, considered public comment, and the Memorandum of Agreement, I hereby move to authorize the Mayor's signature on the Memorandum of Agreement between the City of Bozeman, Gallatin County, and City of Belgrade to establish a Planning Coordinating Committee. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:20:38 PM Discussion Cr. Krauss discussed the importance of this coordination, and recent history of coordination. Deputy Mayor Andrus also supports due to community importance. Cr. Mehl hopes the board does not recreate the Transportation Coordinating Committee work, but the coordination is important and he does support the motion. Cr. Pomeroy supported the cooperation. Mayor Taylor reiterated the need for this cooperation. 08:24:42 PM Vote on the motion that having considered the information provided by staff, considered public comment, and the Memorandum of Agreement, I hereby move to authorize the Mayor's signature on the Memorandum of Agreement between the City of Bozeman, Gallatin County, and City of Belgrade to establish a Planning Coordinating Committee. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd 8 May 23,2016 Bozeman City Commission Minutes Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor: Approve Commissioner-Chris Mehl: Approve _ Deputy Mayor-Cynthia Andrus:Approve Commissioner- I-Ho Pomeroy: Approve Consider the motion:/move to appoint[Name of Commissioner]as the City Commission representative in the City's membership on the committee. 08:24:58 PM Discussion Mayor Taylor discussed the Commission's Planning Board member, Cr. Mehl, is his choice, as he would have the most connection to what is going on in the city. Cr. Krauss expressed a desire that it is a choice next go-around, not defaulting to the Planning Board member. Cr. Mehl expressed he is happy to do it, and has the capacity, and it makes sense for continuity. 08:28:06 PM Motion to appoint Commissioner Chris Mehl as the City Commission representative in the City's membership on the committee. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 08:30:20 PM Discussion i. Cr. Pomeroy asked Cr. Mehl about the citizen interested in the committee membership, Lauren Waterton. Cr. Mehl responded. 08:31:43 PM Vote on the motion to appoint Commissioner Chris Mehl as the City Commission representative in the City's membership on the committee. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor: Approve Commissioner-Chris Mehl: Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner- I-Ho Pomeroy:Approve 5. 08:32:55 PM A Preliminary Site Plan and Certificate of Appropriateness Applications for the Lark Hotel Addition for the Construction of a Four Story 28 Room Hotel and Related Site Improvements(Quasi-Judicial) (Rogers) 2da fi 08:33:23 PM Staff Presentation City Planner Tom Rogers discussed that the addition is not in the historic district,that it went before the 9 May 23,2016 Bozeman City Commission Minutes Design Review Board (twice), and now has two recommendations for the City Commission. Review criteria included the site plan,the NCOD, and the Downtown Improvement Plan.Staff discussed design elements and landscape plan. Public comment has been received. Staff referenced a memo distributed to the Commission, specific to Condition No. 9, addressing sewer capacity. Staff recommended an amendment to the main motion. 08:46:53 PM Questions of Staff Cr. Mehl asked if there is a particular concern with the sewer.Staff responded there may be a constraint downstream, and they want to verify the capacity in the coming weeks. Discussion on planning for infrastructure upgrades, cost, and timeline. Director Woolard provided additional information on the modeling and staffing. Cr. Krauss clarified if the project approval and upgrades can happen simultaneously. Staff affirmed. Cr. Mehl asked what a noble material is.Staff responded a long-term material. He asked for clarification on the staff contact in the conditions.Staff responded. Cr. Mehl asked for design specifics in this area. Staff responded in detail. Mayor Taylor asked about future status of Victory Taco. Staff responded no change. 09:00:01 PM Brian Caldwell,ThinkTank Design Group-Applicant Presentation The remodeled Lark will contain additional rooms and a revised Victory Taco location. Plaza made to encourage Bozeman to enjoy the outside space. Design Review Board contributed to the design process. Applicant discussed further material usage in detail.Also discussed offsetting the potential infrastructure upgrade costs, and confident in result. 09:12:26 PM Questions of Applicant Cr. Krauss asked of anywhere else that might have a plaza, and why the project was decreased from 5 to 4 stories.Applicant responded. Cr. Pomeroy asked more about the applicant's plan to address the potentially stressed infrastructure. Applicant detailed the organized joint effort that has been discussed. Cr. Mehl asked if he was going to pursue aspen trees.Applicant responded it is in discussion. He also asked if the applicant was okay with the conditions. Applicant responded yes. Cr. Mehl further asked about the wood choice. Discussion followed. Cr. Pomeroy asked about the materials, regarding import and price.Applicant responded its new to Bozeman, not other markets. Materials would be imported. 09:23:39 PM Public Comment Mayor Taylor opened public comment. There was no public comment. Public comment was closed. 09:23:52 PM Question of staff There were no questions for staff. 09:24:02 PM Amendment to the Main Motion to amend condition No. 9 for the Lark Hotel Preliminary Site Plan and Certificate of Appropriateness Application to read, "The applicant must provide an 10 May 23,2016 Bozeman City Commission Minutes estimate of peak-hour demand on the sanitary sewer system.Adequate sewer capacity must be available prior to final plan approval." Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl 2nd 09:24:28 PM Discussion Deputy Mayor Andrus stated she supports the amendment. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Commissioner-Jeff Krauss: Disapprove Mayor-Carson TaVlor: Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve i Amendment passed 4-1. i' i 09:25:09 PM Motion that having reviewed and considered the application materials,public comment, r and all the information presented, I hereby adopt the findings presented in the staff report for application 15-583 and move to approve the Site Plan and Certificate of Appropriateness with conditions and subject to all applicable code provisions. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd i 09:25:32 PM Discussion Deputy Mayor Andrus discussed her support of the project. Cr. Mehl discussed his support of the project, and acknowledged it is currently an empty spot. Cr. Pomeroy expressed her support of the project,to encourage tourists to stay downtown. Cr. Krauss discussed the former Baxter plaza, and their importance in downtown, and the nature of historic buildings, and applicant's contribution to downtown. Mayor Taylor discussed the materials and his appreciation of bringing this project forward. 09:39:18 PM Vote on the Main Motion that having reviewed and considered the application materials, public comment, and all the information presented, 1 hereby adopt the findings presented in the staff report for application 15-583 and move to approve the Site Plan and Certificate of Appropriateness with conditions and subject to all applicable code provisions. I 11 May 2l2010 Bozeman City Commission Minutes - Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Commissioner-Jeff Krauss: Approve MaVor-Carson Taylor:Approve Commissioner-Chris Mehl: Approve Commissioner- I-Ho Pomeroy: Approve G. {9L3y: [71qMFYI/Discussion * Planner Tom Rogers noted that the Lamme Street ZMA Public Information Meeting scheduled for June 15"from G:30to8:OOPMin the Bozeman High School Cafeteria. * City Manager Chris Kukulski stated it is staffs goal to get the Commission packet out this Friday for the June 6 th, 2016 meeting.Asa backup, staff will try to get the General Fund packet materials to you before Memorial Day weekend. H. OQ:4C2:2l1qM|Adjournment Mayor Taylor adjourned the meeting at9:44PM. �arson Taylor Mayor ATTEST: . .. ^' P, PARED BY: City Clerk Approved on: 12