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Home My WebLink About12-12-16 City Commission Minutes I i I 4[(f ►q co.� THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES t Monday, December 12,2016 a Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss: Present Mayor-Carson Taylor:Absent I! Commissioner-Chris Mehl: Present t Commissioner-I-Ho Pomeroy: Present Staff Present at the Dais: City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough A. 05:30:24 PM (00:01:09)Call to Order—EARLY START TIME-5:30 PM-Commission Room, City Hall, t 121 North Rouse i City Clerk Crough called the meeting to order at 5:30 PM. is B. 05:30:32 PM (00:01:17) Elect Presiding Officer 05:30:38 PM (00:01:23)Motion and Vote to elect Commissioner Jeff Krauss as the Presiding Officer. The motion passed 3-0. Commissioner-Chris Mehl: Motion s Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Absent Commissioner-Chris Mehl:.Approve 5 Commissioner-I-Ho Pomeroy:Approve C. 05:31:03 PM (00:01:48) Pledge of Allegiance and a Moment of Silence I? D. 05:31:50 PM (00:02:35)Changes to the Agenda " There were no changes to the agenda. I C E. 05:31:58 PM (00:02:43)Authorize Absence-Mayor Taylor, Deputy Mayor Andrus ; is Page 1 of 12 i z Bozeman City Commission Meeting Agenda Minutes,December 12,2016 05:32:06 PM (00:02:51)Motion and Vote to authorize the absence of Mayor Taylor and Deputy Mayor Andrus. The motion passed 3-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Absent Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve F. 05:32:23 PM (00:03:08)Action Item 1 1. 05:32:29 PM (00:03:14) 2017 Legislative Session Agenda (Kukulski) 0 a 05:32:37 PM (00:03:22)Staff Presentation City Manager Kukulski discussed the hiring of a lobbyist for the 2017 legislative session. He discussed the legislative agenda presented to the Commission,which includes the primary priority of supporting tax relief to the citizens of Bozeman.The second priority is supporting infrastructure that keeps the economy growing.The third priority is to support the priorities of the Montana League of Cities and Towns and their resolutions. Amy Grmoljez, lobbyist from Crowley-Fleck introduced herself and her group.This is her first municipality, and she gave an overview of where the Montana legislature currently stands.She noted that Montana has a very high voter turnout.The House and Senate are both currently controlled by Republicans, but neither have a veto majority.She does expect a smoother legislative session than previous years. 05:45:08 PM (00:15:53)Questions of Staff CR Pomeroy asked Mr. Kukulski what decisions he'll be making as noted in the memo. Mr. Kukulski clarified his jurisdiction. She also asked if a gas tax would lower property taxes, or decrease the rate of increases. She asked if this impacts affordable housing and the affordability of Bozeman. CR Krauss stated that to him infrastructure means, health,safety, and welfare, not necessarily vibrant economy. He requested that the lobbyist also pay attention to water laws,subdivision laws, net metering and other energy issues. He asked if City employees are allowed to take time off to lobby for personal issues. CR Mehl asked about MLCT's seventeen resolutions and how many members are in the League,and if the resolutions presented had been endorsed. He also asked how many members were in the Infrastructure Coalition. He asked if Mr. Kukulski is relying on the lobbyist, Directors, and the local delegation to monitor legislation. He also asked about tracking. CR Pomeroy asked Mr. Kukulski if he thinks there will be an actual bill for a gas tax. She also asked if a gas tax impacts citizens AND visitors, notjust tourists. CR Mehl asked how many communities Mr. Kukulski has spoken with that the tax relief propositions Page 2 of 12 Bozeman City Commission Meeting Agenda Minutes,December 12,2016 I would be of interest to them. I 0 I 06:03:03 PM (00:33:48) Public Comment Commissioner Krauss opened public comment. 06:03:21 PM (00:34:06)Daryl Schliem, Public Comment Mr. Schliem, President of the Chamber of Commerce,supports the City's legislative action and have also hired a lobbyist that is very much in line with this agenda. Mr. Schliem requested that the City support t looking into removing the resort tax population cap. The Chamber is looking at a number of different tax u options as well. He invited the City to participate in any of the Chamber's meetings with their lobbyist. The Chamber will be looking for a 50% property tax relief through a resort of sales tax. N I� 06:06:46 PM (00:37:31) Public Comment Closed Commissioner Krauss closed public comment. f 06:06:51 PM (00:37:36)Motion to adopt the 2017 City of Bozeman Legislative Agenda as submitted. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 06:07:11 PM (00:37:56)Friendly Amendment to support legislation that increases investment in critical infrastructure. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 06:07:22 PM (00:38:07) Discussion CR Mehl supports the agenda, but requested a motion to explicitly support a tax motion to send a statement. He also requested that the priorities stay within the four. Bozeman is quickly reaching its limits with the current tax structure. He discussed the sideboard of what the tax would entail. He noted the net savings that would impact the citizens of Bozeman. 06:13:20 PM (00:44:05)Amendment to Friendly Amendment to state that we support efforts to provide property tax relief through a local option. Commissioner-Chris Mehl: Motion Commissioner-1-Ho Pomeroy: 2nd 06:13:37 PM (00:44:22) Discussion CR Krauss supports localities having the option to have this vote. CR Krauss and CR Mehl discussed how broad of a statement the Commission was willing to make,and that CR Krauss would not support that. 06:17:09 PM (00:47:54)Commissioner Mehl withdrew the Amendment to the Friendly Amendment. Page 3of12 is �i Bozeman City Commission Meeting Agenda Minutes,December 12,2016 06:17:15 PM (00:48:00) Discussion CR Mehl and CR Krauss discussed what a favorable amendment would be. 06:18:04 PM (00:48:49)Friendly Amendment to state the City supports efforts to provide property tax relief if approved by city voters through a local option tax. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 06:18:45 PM (00:49:30) Discussion CR Mehl further discussed the amendment. CR Krauss stated that he will construe property tax relief as foregone tax relief. He stated that TIFs are a big deal. He also asked the City Manager if the City registers lobbyists, and asked to be put on the list if need be. CR Pomeroy agreed with the other Commissioners that we need another source of revenue. CR Mehl stated that whatever we can do is great, and as much information we can get them the better. 06:26:49 PM (00:57:34) Vote to adopt the 2017 City of Bozeman Legislative Agenda as amended. The motion passed 3-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy:2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve MaVor-Carson TaVlor:Absent Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve G. 06:27:32 PM (00:58:17) Minutes 1. Approve the Regular Meeting Minutes from November 7, November 14, November 21, and November 28, 2016, and User Access to Linked Minutes 7, a 06:27:46 PM (00:58:31)Motion and Vote to approve the combined City Commission Minutes from November 7,November 14,November 21,and November 28,2016 as submitted. The motion passed 3- 0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus: Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Absent Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve Page 4 of 12 Bozeman City Commission Meeting Agenda Minutes,December 12,2016 H. 06:28:13 PM (00:58:58) Consent I 1. Authorize Payment of Accounts Payable Claims for Good and Services (LaMeres) .1�3 2. Approval of the Beer, Wine or Liquor License Renewals for Calendar Year 2017 (Pitcher) t5 — i 3. Approve a Beer and Wine License for Jam Fusion, LLC of Bozeman, Montana to Sell Beer and Wine at 25 West Main Street (Pitcher) �_.4 4. Adopt the Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP)for Fiscal Years 2018-2022 (Rosenberry) 7•.a 5. Adopt the Street and Curb Reconstruction Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022 (Rosenberry) a 6. Adopt the Street Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2018- ' 2022(Rosenberry) 7L! 5 7. Adopt the Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022 (Rosenberry) 7L!t 8. Adopt the Wastewater Impact Fee Fund Capital Improvement Plan(CIP)for Fiscal Years 2018- 2022 (Rosenberry) 011,a 9. Receipt of the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022 and Schedule for January 9, 2017 Commission Meeting Action Item (Rosenberry) *0 10. Authorize the City Manager to Sign a Professional Services Agreement with CompassCom for Automatic Vehicle Location Software Customizations(Shockley) 1:43 11. Authorize the City Manager to Sign Public Access and Street Lighting Easements Procured for the Bozeman Midtown Urban Renewal District's Street Lighting and Sidewalk Project (Fine) 12. Ordinance 1962 Final Adoption, Addressing B-2M/R-5 Signs; Ordinance 1963 Final Adoption, Addressing R-5 Group Living;Ordinance 1964 Final Adoption,Addressing B-1 Apartments;and Ordinance 1965 Final Adoption,Addressing Zoning Categories Allowing Parks (Rice) .C- 06:28:24 PM (00:59:09)City Manager Overview Mr. Kukulski provided a brief overview of Consent Items 1-12. He provided additional detail about the CIP items. 06:40:20 PM (01:11:05) Questions of Staff CR Krauss asked if the pedestrian ramps on the corners in this CIP. Director of Public Works Director Craig Woolard explained in great detail the budgeting of these ramps in a few places. He asked how many remain. 06:44:15 PM (01:15:00) Public Comment Commissioner Krauss opened public comment on Consent Items 1-12. There was no public comment. Page 5 of 12 Bozeman City Commission Meeting Agenda Minutes,December 12,2016 Commissioner Krauss closed public comment on Consent Items 1-12. 06:44:31 PM (01:15:16)Motion and Vote to approve Consent Items 1-12 as submitted and discussed. The motion passed 3-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Absent Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve I. 06:44:46 PM (01:15:31) Public Comment Commissioner Krauss opened public comment. There was no public comment. Commissioner Krauss closed public comment. J. 06:45:27 PM (01:16:12)Action Items 2-5 2. 06:45:30 PM (01:16:15)The Yellowstone Theological Institute Minor Subdivision Preliminary Plat to Subdivide 78 Acres into Five Lots, Northeast of the Intersection of South 19th Avenue and Graf Street,Application 15574(Quasi-Judicial) (Krueger) , C� 06:46:09 PM (01:16:54) Break Commissioner Krauss called a break until 6:55 PM. 06:55:28 PM (01:26:13) Call to Order Commissioner Krauss called the meeting back to order at 6:55 PM. 06:55:40 PM (01:26:25)Staff Presentation Brian Krueger, Development Manager in Community Development, presented on the Yellowstone Theological Institute Subdivision MiSub Preliminary Plat,which was previously approved but since expired. He discussed that the area is primarily planned for residential use. He discussed details of the property and existing conditions. He provided background as to what the department has been reviewing for this property. He discussed the adjacent roads,their alignments, and rights-of-way and provided context for the connectivity. He also presented park enhancements to the system.There was no public comment, RPAB,Wetland Review Board,and DRC all recommend approval. 07:10:59 PM (01:41:44) Questions of Staff CR Pomeroy asked about the trail deviation.Staff responded in detail. She also asked how many people the applicant was expecting on site. She asked if there were any significant deviations requested of the Page 6 of 12 Bozeman City Commission Meeting Agenda Minutes,December 12,2016 1 applicant. CR Mehl asked for a clarification of first vs. second minor subdivision. He asked about whether RPAB or the Wetland Review Board had minutes or a memo of their recommendation. He asked why there was no parkland dedication. He asked about future infrastructure building. 07:18:00 PM (01:48:45)Applicant Presentation Chris Budeski, representing the property owner and the applicant, noted that the subdivision is designed around a product—the ultimate site plan. He discussed the reason for the sidewalk deviation,which was to get it as close to the lighting as possible. He also discussed the potential number of people on site. It will be well-used. He also noted that the Wetland Review Board meeting was in January of 2015. He has reviewed the staff report with the applicant, and they find it very acceptable. He commended staff and I the City, and it will be a great addition to the community. 4 07:21:54 PM (01:52:39)Questions of Applicant There were no questions of the applicant. 07:21:58 PM (01:52:43) Public Comment Commissioner Krauss opened public comment. There was no public comment. Commissioner Krauss closed public comment. 07.22:10 PM (01:52:55)Motion that having reviewed and considered the application materials,public i. comment, and all the information presented,I hereby adopt the findings presented in the staff report } for Application 15574 and move to approve the preliminary plat application requesting a first minor subdivision of a tract of record, 78 acres to create five lots with conditions and subject to all applicable code provisions. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 07:22:45 PM (01.53:30) Discussion = CR Pomeroy stated there are not excessive deviations and it follows the growth policy, it will be a great addition. She supports the motion. CR Mehl stated it will be a great project.There are no exceptional requests. He is convinced by staff that I it is in compliance. CR Krauss echoed his agreement with the staff findings. This is a new institution of higher education, and it's a good fit. f X 07:24:41 PM (01:55:26) 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 z k for Application 15574 and move to approve the preliminary plat application requesting a first minor subdivision of a tract of record, 78 acres to create five lots with conditions and subject to all applicable code provisions. The motion passed 3-0. Page 7 of 12 ( d, f Bozeman City Commission Meeting Agenda Minutes,December 12,2016 Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-CVnthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Absent Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 3. 07:24:51 PM (01:55:36) Payment Agreement with the Gilhousen Community Property Trust for Construction of Graf Street from South 15th Avenue to McNab Street(Hixson) M7 a 07:25:03 PM (01:55:48) City Manager Overview Mr. Kukulski noted that this agreement is similar to the Town Pump agreement with the Cottonwood project. He noted that staff will be back in front of the Commission in the future with a payback agreement. 07:26:06 PM (01:56:51)Questions of Staff CR Mehl asked why they would bring back another payment agreement. Mr. Kukulski clarified that staff would return with a payback district. 07:26:34 PM (01:57:19)Staff Presentation City Engineer Rick Hixson noted that this is the payment agreement for Graf Street. He discussed the purpose and development of the agreement. 07:30:29 PM (02:01:14)Questions of Staff CR Mehl clarified that this is a payment agreement for some of Graf, although all will be built. He asked if staff was considered with inflation or adjustments to the bid amount. CR Pomeroy asked if this will help with Kagy traffic. Staff responded very much so. She asked about the 5% retainage by the City. CR Krauss asked for further detail about McNab and 3rd,also if the City would create and SID for that. He asked about the volume using this in the future. 07:36:32 PM (02:07:17) Public Comment Commissioner Krauss opened public comment. There was no public comment. Commissioner Krauss closed public comment. 07:36:49 PM (02:07:34)Motion to authorize the City Manager to Sign the Payment Agreement for construction of Graf Street from South 15th to McNab Street between Gilhousen Property Trust and the City of Bozeman. Page 8of12 Bozeman City Commission Meeting Agenda Minutes,December 12,2016 Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 07:37:02 PM (02:07:47) Discussion CR Mehl discussed that this will help citizens move more efficiently through the city. CR Pomeroy stated the road will be a great benefit to residents and it will help alleviate Kagy traffic. CR Krauss stated that the City and developer are both agreeing, which is a big deal.This sends a strong signal as to where the City wants to see more development near the university. 07:39:41 PM (02:10:26) Vote to authorize the City Manager to Sign the Payment Agreement for construction of Graf Street from South 15'h to McNab Street between Gilhousen Property Trust and the City of Bozeman. The motion passed 3-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve j Mayor-Carson Taylor:Absent Commissioner-Chris Mehl:Approve 3 Commissioner-I-Ho Pomeroy:Approve 4. 07:39:50 PM 02:10:35 Adopt the Water Fund Capital Improvement Plan (CIP)for Fiscal Years 2018-2022 (Rosenberry) .a j 5. 07:39:50 PM (02:10:35)Adopt the Water Impact Fee Fund Capital Improvement Plan(CIP)for Fiscal Years 2018-2022(Rosenberry) 77.4� 07:40:05 PM (02:10:50)Statement of Order Commissioner Krauss noted that Item 4 and 5 will be presented together. r 07:40:14 PM (02:10:59) City Manager Overview Mr. Kukulski noted that the two CIPs will be presented together,with the financial side discussed and voted on separately. 07:42:10 PM (02:12:55)Staff Presentation Director of Public Works Craig Woolard discussed the Water Impact Fee and Water Capital Fund for i FY18-22. He discussed the CIP approach for developing the plan. He provided an overview for the type of projects, which includes improving operations of the existing system, managing risks in the existing system,developing future/additional water supplies, and planning for future community growth. The Water Fund and Water Impact Fees work together. Mr.Woolard presented a schematic demonstrating water system expansion in the growth boundary. 07:58:17 PM (02:29:02)Questions of Staff Page 9 of 12 i Bozeman City Commission Meeting Agenda Minutes,December 12,2016 CR Pomeroy asked about the Water Fund is currently red.The question was deferred to Administrative Services Director Anna Rosenberry's upcoming presentation. CR Pomeroy asked about the unscheduled projects and the cost associated.She asked if the City's current policy is fixing, or save money to improve the system in the future? CR Mehl asked why water conservation was only planned for one year. Mr. Woolard stated that it is professional services for development. Water Conservation Specialist Lain Leoniak responded in great detail for the purpose of the one year funding. CR Mehl asked for confirmation that these costs wouldn't go over a year. 08:05:55 PM (02:36:40)Staff Presentation Administrative Services Director Anna Rosenberry clarified that both schedules will need to be adopted separately,so she discussed the Water Fund CIP first. Levels of rates to support the capital pan will need to increase.The City will need to borrow$15.7 million to fund projects.She discussed the rate study that will be underway in early 2017.She notes that red only indicates the current year. 08:10:47 PM (02:41:32)Questions of Staff CR Krauss asked if the reason there is a significant increase in spending is because we are borrowing. 08:12:23 PM (02:43:08)Staff Presentation Continued Ms. Rosenberry discussed Water Impact Fees, and the unpredictability of revenues.The borrowing needed is due to the projects on the schedule, and the guaranteed repayment of that money. 08:16:57 PM (02:47:42)Questions of Staff CR Pomeroy asked why the collection in 2016 was higher than previous years. CR Mehl clarified that we are doubling the amount we're putting into capital. 08:20:08 PM (02:50:53) Public Comment Commissioner Krauss opened public comment. There was no public comment. Commissioner Krauss closed public comment. 08:20:26 PM (02:51:11)Motion to adopt the Water Fund Capital Improvement Plan(C!P)for Fiscal Years 2018-2022. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 08:20:37 PM (02:51:22) Discussion CR Pomeroy stated that water is very important and staff explained why we need this CIP schedule,so she supports it. CR Mehl thinks the program is well laid-out, and supports what is discussed. Page 10 of 12 Bozeman City Commission Meeting Agenda Minutes,December 12,2016 CR Krauss also supports it, but stated that there are big expenses in the future and we need to be saving for them now. 1 08:22:28 PM (02:53:13) Vote to adopt the Water Fund Capital Improvement Plan(CIP)for Fiscal Years 2018-2022. The motion passed 3-0. Commissioner-1-Ho Pomeroy: Motion i Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Absent i Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor: Absent Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 08:22:39 PM (02:53:24)Motion to adopt the Water Impact Fee Capital Improvement Plan (CIP)for Fiscal Years 2018-2022. 4 Commissioner-I-Ho Pomeroy: Motion l P Commissioner-Chris Mehl: 2nd 08:22:50 PM (02:53:35) Discussion CR Pomeroy stated it's necessary so she will support it. CR Mehl looks closely at the CIP. He appreciated staff's foresight for future growth/costs. CR Krauss stated that the incremental cost of adding service is easy to calculate. What's not so easy to calculate is the big step when the next water supply needs to be developed. i i 08:25:44 PM (02:56:29) Vote to adopt the Water Impact Fee Capital Improvement Plan(CIP)for Fiscal Years 2018-2022. The motion passed 3-0. Commissioner-1-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Absent Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve K. 09:25:56 PM (02:56:41) FYI/Discussion 1. CR Mehl asked staff to talk to MDT about 191h Street Policy, he asked for an update. F 2. CR Mehl is meeting tomorrow in Helena for the State Information Technology Board, he is offering an amendment about conduit with recommendation from Economic Development a staff. 3. CR Mehl cautioned staff to make assumptions based on the Law &Justice Centervote. i Page 11of12 z S Bozeman City Commission Meeting Agenda Minutes,December 12,2016 4. City Attorney Sullivan let the Commission know they are exempt from lobbying registration when acting in their official capacity. 5. Mr. Kukulski stated that MDT is coming up on a future agenda. 6. Mr. Kukulski reminded the Commission of the 5:00 PM start time next week. 7. Mr. Kukulski will be in Helena for the Infrastructure Coalition meeting tomorrow to discuss the gas tax calculation/share. 8. CR Krauss discussed the Downtown TIF and their tax share. Mr. Kukulski stated that staff is meeting with some state staff regarding this later this week. L. 08:32:01 PM (03:02:46)Adjournment Commissioner Krauss adjourned the meeting at 8:32 PM. 1 V )"Cynthia Andrus t / Deputy Mayor O • • ■ • .� 'ATTEST: • F' �'�l•, •A 0i,'►t„.(frough City Clerk PREPARED BY: Robin Crough City Clerk Approved on: 1 M\Ju-he—\d CI 2D 1l Page 12 of 12