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HomeMy WebLinkAbout09-12-16 City Commission Minutes 'a THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,September 12,2016 Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss: Present Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-I-Ho Pomeroy: Present Staff Present at the Dais: City Manager Chris Kukulski,Assistant City Attorney Tim Cooper,City Clerk Robin Crough,Administrative Services Director Anna Rosenberry A. 06:00:17 PM (00:01:45)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:00:27 PM (00:01:55) Pledge of Allegiance and a Moment of Silence C. 06:01:35 PM (00:03:03)Changes to the Agenda D. 06:01:42 PM (00:03:10)Authorize Absence-Deputy Mayor Andrus 06:01:56 PM (00:03:24)Motion and Vote to authorize the absence of Deputy Mayor Andrus. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve E. 06:02:12 PM (00:03:40) Minutes Page 1 of 12 Bozeman City Commission Minutes,September 12,2016 1. Approve the Regular Meeting Minutes from August 8,August 11,August 15, and August 22, 2016,and User Access to Linked Minutes 06:02:18 PM (00:03:46)Motion and Vote to approve the combined City Commission Minutes from August S,August 11,August 15, and August 22,2016 as submitted. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy:2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve F. 06:02:37 PM (00:04:05)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 7,.P 2. Authorize the City Manager to Sign the Notice of Award and Purchase Agreement with Neo Solutions for Polymer for the Bozeman Water Reclamation Facility Screw Press(Bartle) 7L!a 3. Ratify the Acting City Manager's Signature on the 2016 Bridger Drive Trunk Sewer Main Project Notice of Award to COP Construction, LLC(Murray) 7L!. 4. Authorize the City Manager to Sign the Agreement for Extension of Sewer Service Across City Parkland with the Trust for Public Land for the Bridger Drive Trunk Sewer Main (Murray) a 5. Authorize the City Manager to Sign the Sewer Pipeline and Access Easement and Agreement with The Trust for Public Land for the Bridger Drive Trunk Sewer Main (Murray) -.a 6. Authorize the City Manager to Sign a Contract Agreement with Brycer LLC to Provide Electronic Records Submission for Fire Inspection Reports (Waldo) 77-a 7. Authorize the City Manager to Sign a Contract Agreement with Duneman Construction, Inc. for Two (2) Stormwater Treatment Units at West Lamme and North 11th, and South Rouse and East Lincoln (Mehrens) !. 8. Authorize the City Manager to Sign the Professional Services Agreement and Task Order Number 1 with Leland Consulting Group for Economic Development, Corridor Revitalization, and Parking Consulting Services in the Midtown Urban Renewal District (Fine) 7'a 9. Authorize the City Manager to Sign Amendment Number 1 to the Construction Contract Agreement with DLM Contracting, Inc. for the Bozeman Pond Park Expansion TOP Project (Poissant) 7�4- 10. Authorize the City Manager to Sign Amendment Number 3 to the Professional Services Agreement with Sanderson Stewart for Front Street Connector Trail Design and Engineering (Poissant) 7)4z, Page 2 of 12 Bozeman City Commission Minutes,September 12,2016 11. Authorize the City Manager to Sign Amendment Number 7 to the Professional Services Agreement with Morrison-Maierle for the 2014 Wastewater Collection System Facility Plan Update(Murray) 07-4- 12. Authorize the City Manager to Sign the Bureau of Reclamation WaterSMART Grant Award Acceptance for the Sunset Hills Cemetery and Lindley Park Water Conservation Project (Leoniak) ,4z 13. Resolution 4719,Correcting and Renumbering Special Improvement Lighting District Number 731 (Allison Subdivision Phase III) to Special Improvement Lighting District Number 734 (Allison Subdivision Phase III) (Crough) 7L4wl 14. Resolution 4727,Appointment of Special Prosecutor in the Matter of KE (Sullivan) 1!; 15. Final Adoption of Ordinance 1956, Approving a Zone Map Amendment (ZMA) to Revise the Zoning Map from R-4 (Residential High Density) to R-O (Residential-Office) on 0.916 Acres, Located at 1905 West College Street,Application 16248 (Rice) 1!; 06:02:47 PM (00:04:15)City Manager Overview City Manager Kukulski provided an overview of Consent Items 1-15. 06:06:27 PM (00:07:55) Public Comment Mayor Taylor opened public comment on Consent Items 1-15. There was no public comment. Mayor Taylor closed public comment. 06:06:55 PM (00:08:23)Motion and Vote to approve Consent Items 1-15 as submitted. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss:2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve G. 06:07:17 PM (00:08:45) Public Comment Mayor Taylor opened public comment. 06:08:23 PM (00:09:51)Tate Chamberlin,Public Comment Mr. Chamberlin discussed the Interchange Symposium event that he has been working on.Tomorrow night at Red Tractor Pizza at 7 PM is a City-sponsored event on Bozeman and Gallatin County growth. 06:09:28 PM (00:10:56)Jack DeVant Public Comment Mr. DeVant is requested the City stop restricting the right-turn only lane at College and Wilson at non- Page 3 of 12 Bozeman City Commission Minutes,September 12,2016 rush hour times. 06:10:37 PM (00:12:05)Mary Vant Hull,Public Comment Ms.Vant Hull discussed food trucks and parking in the downtown.The trucks are dangerous for cars and pedestrians. 06:13:48 PM (00:15:16)Andy Epple,Public Comment Mr. Epple commented on the Story Mill ZMA later on the evening's agenda. He is comfortable with the developer and his intent, but rezoning to R-4 is too substantial without the assurance of the current developer. 06:16:03 PM (00:17:31)Laura Fedreau,Public Comment Ms. Fedreau discussed the 5-story building proposed at Black and Olive that would create too much density and traffic. She has lived in the neighborhood for 20 years and does not support the development. 06:17:35 PM (00:19:03)Paul Neibauer, Public Comment Mr. Neibauer discussed the Black Olive proposal. He stated that just because something can be done physically or legally, doesn't mean it should be done.The neighborhood isn't obstinate, but this isn't the right scale for the area. Parking is already always full there. He supports infill and density, but this doesn't work for downtown parking. 06:20:46 PM (00:22:14) Public Comment Mayor Taylor closed public comment. H. 06:20:50 PM (00:22:18) Mayoral Proclamation 1. 06:21:31 PM (00:22:59)Thriving Community Month (Taylor) 01 .a Sadie Swan read the Mayoral Proclamation, proclaiming September 2016 "Thriving Community Month." I. 06:23:06 PM (00:24:34)Special Presentation 1. 06:23:31 PM (00:24:59)Transportation System Improvements Summary(Woolard) a Craig Woolard, Director of Public Works, presented a summary overview of the current status of the City's transportation infrastructure and highlights of accomplishments with dedicated funds over the last few years. One of the primary three components of work are contracted services, most importantly the chip seal and mill and overlay projects of this summer. They've done over 70 pedestrian ramps, completed large parts of the shared-use path, and the beginning of network corridor design (funded by the Arterial and Collector District assessments). The second category is operations projects, which includes projects the streets crew has done through the use of additional maintenance funds. This includes patching potholes, increased street sweeping, and mill and overlay projects. Lastly, street reconstruction projects Page 4 of 12 Bozeman City Commission Minutes,September 12,2016 including Story and North Wallace have been successful. 06:32:46 PM (00:34:14)Questions of Staff CR Mehl asked if 2017 will see similar numbers as 2016 in regards to street maintenance. He also asked what may go to bid for larger projects in the CIP for next year,as well as design work. He also asked about construction inflation. CR Pomeroy asked what the City can do to decrease the peak demand.As a follow-up,she asked if Mr. Woolard had a plan for how to implement his ideas. 06:42:08 PM (00:43:36) Discussion CR Krauss thanked Mr.Woolard and his staff,since this is a big challenge, but he appreciates the information that they provide the Commission. Mr. Kukulski provided some additional information and thanked staff. J. 06:46:27 PM (00:47:55)Action Items 1. 06:46:32 PM (00:48:00) Resolution 4709, Setting Mill Levies for Fiscal Year 2016-2017 (FY17) (Rosenberry) 1!; 06:47:03 PM (00:48:31)Staff Presentation Administrative Services Director Anna Rosenberry discussed the FY17 mill value and the numbers received from the Department of Revenue. She further discussed the FY17 recommendation,which is the Commission levying 209.91 mills. She recommended that the City use FY16 cash carryover to cover the$124,000 difference. 06:53:37 PM (00:55:05)Questions of Staff CR Mehl asked about FY16 cash carryover, and what the options are to achieving the promised 3.23 mill reduction, and the reserve. He also asked about the plans for the remainder of the cash carryover. CR Pomeroy asked what the result of adopting the resolution as written.She asked what the total mill reduction allowable would be. Mayor Taylor asked about detail about the state-imposed maximum of mills and where the City stood. He asked if the levy was lowered by$10, how much would that be, and is there any benefit to having a reserve cushion, as well as what would happen if the City went below the minimum reserve amount. He asked the opinion of staff. 07:09:44 PM (01:11:12) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. Page 5 of 12 Bozeman City Commission Minutes,September 12,2016 07:10:04 PM (01:11:32)Motion to approve Commission Resolution 4709,Setting Mill Levies for Fiscal Year 2016-2017 at the amount of 205.3 mills. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 07:10:27 PM (01:11:55) Discussion CR Krauss discussed his motion and how it does not charge the approximate 4.63 mills for the additional reserve, and discussed the current budget and taxes. CR Mehl discussed the intent of the motion,which he agreed with, as it would decrease the overall tax increase. CR Pomeroy stated the same and supports the motion. CR Krauss asked if the value of a mill is back to that of before the recession. Mayor Taylor was very satisfied with this year's budget and supports the opportunity to reduce the tax burden and supports the motion. 07:17:50 PM (01:19:18) Vote to approve Commission Resolution 4709,Setting Mill Levies for Fiscal Year 2016-2017 at the amount of 205.3 mills. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mavor-CVnthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mavor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 2. 07:18:02 PM (01:19:30)Dote h-t' n 4:71n n.,,,,.,diRgthe Cit„s Annual Budget t lnelude ite ffl- to -he R-ind-ed with Property Tax ReveRuejs th;it Fwrped our Budgeted PFepeFty Tax Estimates i 3. 07:18:27 PM (01:19:55) Resolution 4712, Creation of Special Improvement Lighting District Number 735 for the Pine Meadows Subdivision (Rosenberry) 7L! 07:18:42 PM (01:20:10)Staff Presentation Administrative Services Director Anna Rosenberry discussed the Pine Meadows Subdivision and the infill nature of this SID,which is one light fixture.She also noted the renumbering the district. 07:20:23 PM (01:21:51)Questions of Staff Page 6 of 12 Bozeman City Commission Minutes,September 12,2016 There were no questions of staff. 07:20:31 PM (01:21:59) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:20:44 PM (01:22:12)Motion to approve Resolution 4712,Creation of Special Improvement Lighting District Number 735 for the Pine Meadows Subdivision. Commissioner-Chris Mehl: Motion Commissioner-1-Ho Pomeroy: 2nd 07:21:00 PM (01:22:28) Discussion CR Mehl noted that there are a lot of lighting districts. 07:21:07 PM (01:22:35) Vote to approve Resolution 4712, Creation of Special Improvement Lighting District Number 735 for the Pine Meadows Subdivision. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 4. 07:21:21 PM (01:22:49) Resolution 4714, Establishing Solid Waste Collection and Residential Recycling Fees within the City of Bozeman (Rosenberry) 'a 07:21:40 PM (01:23:08)Staff Presentation Administrative Services Director Anna Rosenberry discussed that this resolution formally sets rate increases for 2 years.She also noted new verbiage related to tenant deposits.She discussed the fee schedule and increases. 07:24:16 PM (01:25:44)Questions of Staff CR Pomeroy asked if the 2% increase will be competitive with the private sector. 07:25:38 PM (01:27:06) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. Page 7 of 12 Bozeman City Commission Minutes,September 12,2016 07:25:51 PM (01:27:19)Motion to approve Resolution 4714,Establishing Solid Waste Collection and Residential Recycling Fees within the City of Bozeman. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 07:26:13 PM (01:27:41) Discussion CR Pomeroy discussed her support. 07:26:34 PM (01:28:02) Vote to approve Resolution 4714, Establishing Solid Waste Collection and Residential Recycling Fees within the City of Bozeman. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 07:27:12 PM (01:28:40) Break Mayor Taylor called a break until 7:35 PM. 07:35:44 PM (01:37:12) Called to Order Mayor Taylor called the meeting back to order at 7:36 PM. 5. 07:36:12 PM (01:37:40) Story Mill Road and Hillside Lane Zone Map Amendment to Revise the Zoning Map from R-2 (Residential Medium Density) to R-4 (Residential High Density) on 1.6039 Acres (Rice) 0 a 07:36:30 PM (01:37:58)Staff Presentation Associate Planner Mayana Rice discussed the Story Mill Road and Bridger Drive Zone Map Amendment. She noted the split zoning of the land as well as the proposed and current zoning, and the surrounding existing land uses. She discussed other development proposals in the area, and how the area is changing,which includes regional park development, industrial use buffers, and surrounding R-4. Ms. Rice discussed the criteria for evaluation,and the nature of public comment received. 07:46:01 PM (01:47:29)Questions of Staff CR Pomeroy asked if there are any other options beyond just higher density. She also asked about the land's proximity to the Trust for Public Land and affordable housing. CR Mehl asked about the nature of the roads being arterials and collectors. Mayor Taylor asked why the corridor would provide additional safeguards. 07:49:50 PM (01:51:18)Applicant Presentation Page 8 of 12 Bozeman City Commission Minutes,September 12,2016 Applicant Jeff Brenner discussed his appreciation of the land that he has lived on for a period of time. R- 2 would be cost prohibitive of improvements to the land. His intent is to develop the property while also enhancing the area. 07:51:59 PM (01:53:27) Questions of Applicant CR Mehl asked the applicant how long he had lived on the property, and if he's okay with the conditions of the memo. He also asked if he has any plans at this point. Mayor Taylor asked if he had any sense of what will happen with the mill. 07:53:57 PM (01:55:25) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:54:20 PM (01:55:48)Motion that having reviewed and considered the application materials,public comment,and all information presented,l hereby adopt the findings presented in the staff report and recommend approval of the Zone Map Amendment Application 16300 with contingencies. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 07:54:51 PM (01:56:19) Discussion CR Krauss is concerned that a property owner would have to go to a higher density because the City has loaded too many costs with developing a road. CR Mehl,as the Zoning Commission liaison, discussed that it is an appropriate use of the area. He is in support of the staff memo. CR Pomeroy agreed with CRs Mehl and Krauss. Mayor Taylor looked at the area and supports the motion.There are adequate safeguards to make sure the development is appropriate. 08:03:53 PM (02:05:21) Vote that having reviewed and considered the application materials,public comment, and all information presented,I hereby adopt the findings presented in the staff report and recommend approval of the Zone Map Amendment Application 16300 with contingencies. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve Page 9 of 12 Bozeman City Commission Minutes,September 12,2016 K. 08:04:31 PM (02:05:59) Non-Action Items 1. 08:04:36 PM (02:06:04) Bridger Vale Planned Unit Development Concept Plan Review for a Mixed Use Development on Manley Road, North of the East Gallatin Recreation Area, Application 16274(Optional Concept Review) (Krueger) 7L!; 08:05:07 PM (02:06:35) Disclosure Mayor Taylor disclosed that he is a member of the Sunrise Rotary Club,which wrote a letter of support. CR Pomeroy also disclosed that she is a member of the Sunrise Rotary Club. CR Mehl also disclosed that he is a member of the Sunrise Rotary club. 08:06:19 PM (02:07:47)Staff Presentation Development Review Manager Brian Krueger discussed the proposed residential Bridger Vale Concept Planned Unit Development. He noted that a growth policy amendment failed in May 2015. He discussed other land uses and infrastructure in the vicinity,as well as the overall site. He provided more right-of- way detail,and discussion of trail activity in the area.The Design Review Board had some suggestions for the development. 08:22:48 PM (02:24:16) Questions of Staff CR Pomeroy asked why they want to annex to the City.She also wanted to know how the City can be protected if any issues arise in the future concerning proximity. CR Mehl asked what's changed since the Commission last reviewed this,so why would the Commission reevaluate this. He also asked about whether the north side sidewalk would exist, as well as a secondary access trail. He asked about park requirements when in close proximity to significant parkland. He also asked if the parks master plan could be incorporated into the larger one,as well as the timeframe for that. CR Krauss stated that he does not support annexation or any land use changes. Mayor Taylor asked about the far east property line and if there's any separation. 08:39:47 PM (02:41:15)Applicant Presentation Mike Walsh, of C&H Engineering, discussed the history and the key features of the design, as well as specifics regarding intentions of development. He also discussed the plans for the parkland on the land. This would also bring water and sewer directly to the property line of the park.The commercial property will be smaller than the full lot. 08:44:54 PM (02:46:22)Questions of Applicant CR Mehl asked if there were any concerns with the staff memo. He also asked about the inconsistency of sidewalks. He also asked about the VOCs at the site and the applicant's intention. 08:48:29 PM (02:49:57) Public Comment Mayor Taylor opened public comment. Page 10 of 12 Bozeman City Commission Minutes,September 12,2016 08:48:40 PM (02:50:08)Doug Chandler,Public Comment Doug Chandler of Allied Engineering and the Sunrise Rotary Club discussed that what has changed is the thoughtfulness of liability in the future for the property. He argued that the City would have more control of any issues with annexation of the property.The Rotary Club is excited about the development of the property because of the entryway.They also feel that the parkland behind the alley is a value. 08:51:43 PM (02:53:11) Public Comment Mayor Taylor closed public comment. 08:51:45 PM (02:53:13) Discussion CR Mehl discussed the critical nature of meeting with the City's legal and engineers before moving forward. He is encouraged by the project however.The development is appropriate for the land. CR Pomeroy liked the design of the architecture, and the relationship with the Sunrise Rotary.She reiterated that she wants her city to be protected in the future. Mayor Taylor stated that he wants to make sure not to create a situation that would be dangerous to any future residents of the development. He does not want to annex or approve anything until he is very convinced that there is no danger in the property. He is more concerned about the future residents, not City liability. He doesn't want to imply safety with development approval.As far as the plan goes, he does like it. CR Mehl added that he likes the styling and density of the proposal. He does want variety of style. L. 09:00:51 PM (03:02:19) FYI/Discussion • City Manager Kukulski wanted to keep the Commission updated of L&J presentations, and to note the Hawthorne class share. • CR Krauss expressed his gratitude for allowing him to take some time off. M. 09:02:16 PM (03:03:44)Adjournment Mayor Taylor adjourned the meeting at 9:03 PM. Carson Taylor Mayor ATTEST: Page 11 of 12 Bozeman City Commission Minutes,September 12,2016 00•�0 . ,� ♦ e �l ♦r"y _ �',Robin trough, MPA City Clerk PREPARED BY: Robin Crough, MPA City Clerk Approved on: ('X t>V-x aj-,I4j Page 12 of 12