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HomeMy WebLinkAbout01-30-17 City Commission Minutes is 9x co. THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,January 30, 2017 f Deputy Mayor-Cynthia Andrus: Present { i 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,City Attorney Greg Sullivan, City Clerk Robin Crough A. 06:01:46 PM (00:03:36)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:01 PM. ) B. 06:01:56 PM (00:03:46)Pledge of Allegiance and a Moment of Silence C. 06:02:56 PM (00:04:46)Changes to the Agenda D. 06:03:03 PM (00:04:53)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) a 2. Authorize the City Manager to Sign the Letter of Support for the Trust for Public Land's Grant Application to the Montana State Parks Recreational Trails Program (RTP) for the Story Mill Community Park,for Construction of Interpretive Trails and Boardwalks (Poissant) °f,a 3. Authorize the City Manager to Sign a Professional Services Agreement with Public Sector Personnel Consultants for a Compensation Study (Jorgenson) 7 a 4. Resolution 4767, Pursuant to 8.02.080.H, Bozeman Municipal Code, Designating an Additional Dog Restraint-Free Area at Bozeman Pond Park(Poissant) ,a 06:03:05 PM (00:04:55) City Manager Overview City Manager Kukulski gave a brief overview of Consent Items 1-4. ' 3, i 06:04:46 PM 00:06:36 Public Comment ) Bozeman City Commission Meeting Minutes,January 30,2017 Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:05:01 PM (00:06:51)Motion and Vote to approve Consent Items 1-4 as submitted. The motion passed 5-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve E. 06:05:18 PM (00:07:08) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. F. 06:06:15 PM (00:08:05)Special Presentation 1. 06:06:32 PM (00:08:22)State of the Neighborhoods Address (Johnson/Rockne) Neighborhood Coordinator Jessica Johnson, and Inter-Neighborhood Council (INC)Chair Jennifer Rockne presented on the State of the Neighborhoods for their annual presentation.She discussed the 13 current neighborhood associations,the INC, INC's purpose,the year in review, Nextdoor, INC's priorities for this year, and 2017 goals. 06:22:10 PM (00:24:00) Questions of Presenters There were no questions of the presenters. G. 06:22:24 PM (00:24:14)Action Items 1. 06:22:28 PM (00.24:18) Ordinance 1920 Provisional Adoption, Maintenance of Buildings and Demolition of Historic Structures,Application 14623 (Saunders) 01 a 06:22:47 PM (00:24:37)Staff Presentation Policy and Planning Manager Chris Saunders discussed the number of times this issue has been before the Commission, and that this ordinance takes the feedback of previous presentations into account. He notes the current challenges and reasons for change,the primary proposed changes,the maintenance requirement,the demolition process,definitions, unresolved issues,a summary of the National Register Criteria for Evaluation, public comment,Zoning Commission/Planning Board,and Historic Preservation Page 2 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 Advisory Board recommendation. 06:33:36 PM (00:35:26)Questions of Staff CR Pomeroy asked why the City staff is not recommending bonding? City Attorney Sullivan responded in detail.She also asked what would happen if someone demolished a structure that they shouldn't,for safety reasons?Mr.Saunders responded in detail the process. CR Krauss asked if this ordinance mandates maintenance of unsafe, historic buildings. He also asked what the warning was for those outside an NCOD that demolishes ad hoc without a previous historic designation. He also asked if the state can designate historic without the City's consent,and how can the City prevent this from happening? He asked how this will affect those with applications for demolition now. City Attorney Sullivan responded. He also asked what determines a nuisance, as well as if the City is increasing environmental protection in the neighborhood during teardown. DM Andrus asked whether the historic form is applicable to all NCOD and beyond, and that no action can happen until it comes before the City. She asked if there is any inventory of historic structures outside the NCOD.She asked further about the review authority of the bonding, as well as why the 10% was chosen. CR Krauss asked if in practicality someone/something could declare another priority historic without the approval/knowledge of the property owners. Discussion in detail occurred concerning protection of property owners. CR Mehl asked if this could also happen inside the NCOD? He asked to clarify that the bonding is a MAY authority. He asked what kind of findings would be required for different buildings and bonding? He asked what the rough timeline is for the hiring of the Preservation Officer,and would this need to be amended when that happens?Community Development Director Marty Matsen responded. He asked for the timeline for the process that needs to be determined is? He asked about the relevancy of the International Building Code. He asked what the staff recommended for the waiting period, and if 2 years is agreeable. He asked if the staff accepted that non-historic structures do not need to apply for the demolition permit. Mayor Taylor asked if the bonding alternative would require negotiation with the property owner. He asked why not have a clause leaving terms and conditions open? City Attorney Sullivan responded in detail. He asked that this would not be a trivial course of action,and is there any downside to letting this happen. DM Andrus asked that if this ordinance is passed,that the Commission will need to make the findings automatically if a demolition permit was filed for a property by a non-property owner. Mayor Taylor asked if the Commission could review these circumstances? CR Mehl asked if there is a way to notify these property owners? Mr.Saunders and Mr.Sullivan responded in detail. CR Krauss asked about the procedure for non-historic within the NCOD, and whether the City wants the high-level review for historic properties outside the NCOD? CR Mehl asked if Mr. Saunders would introduce the new planner in Community Development,Addi Jadin. Ms.Jadin introduced herself. 07:41:28 PM (01:43:18) Public Comment Page 3 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 Mayor Taylor opened public comment. 07:41:44 PM (01:43:34)David Chambers,Public Comment INC member, Mr. Chambers, is concerned about whether this change will prevent certain historic structures from being demolished. He believes the 2 year stay won't necessarily stop some demolitions. He believes the bonding option may be able to replace the stay. 07:45:15 PM (01:47:05) Public Comment Closed Mayor Taylor closed public comment. 07:45:17 PM (01:47:07)Questions of Staff DM Andrus asked if there are other options for the 2 year stay. Mr.Sullivan clarified. CR Krauss asked that the bonding is a requirement with demolition. Mr.Saunders responded in detail. 07:49:03 PM (01:50:53) Public Hearing Closed Mayor Taylor closed the public hearing. 07:49:29 PM (01:51:19)Motion that having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings and add the language for the security bond,section 38.16.090 of the BMC,as submitted by staff as alternate number 2[adding the following to section 8 of Ordinance 1920 adding new subsection 38.16.090.D.4.c to the Bozeman Municipal Code as follows:"The review authority may require a developer to enter into a development agreement with the city at the time of issuance of a certificate of appropriateness authorizing demolition of all or part of a historic structure in the neighborhood conservation overlay zoning district or in a designated historic district. The development agreement may provide for conditions of demolition, timing of reconstruction,and may require the developer to post a surety bond naming the city as a beneficiary for not less than 10%of the costs of the overall reconstruction budget as a guarantee that construction of the replacement structure will commence promptly upon completion of the demolition. This requirement is in addition to any other requirement of this code."], and all the findings in the staff report for application 14623 and move to provisionally adopt Ordinance 1920. Deputy Mayor-Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd 07:50:20 PM (01:52:10) Discussion DM Andrus believes that the Commission should go to this step to ensure public safety. CR Pomeroy stated that this is complicated, and took 5 years to get here, but we have to be practical. She supports the motion. CR Krauss will not support the motion as presented, requiring the bonding. He doesn't believe we should write ordinances targeted towards the ecxeptions. CR Mehl thanked staff for their work on this, as it's been discussed for some time,and this is a big improvement. He does support the bonding, and appreciate the "may"aspect of the language. Mayor Taylor thanked the staff. He wished the City had more control in this issue, as it's a local issue. He Page 4 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 would prefer a longer stay than 2 years. He clarified that this would allow more than 10%,so he supports. CR Mehl wanted to know why the Mayor would took for more than 10%. Mayor Taylor responded this would be under certain circumstances. CR Mehl would not support this as worded, he would like to vote for a bond up to 10%. 08:04:24 PM (02:06:14)Amendment to change the language from "not less than 10%"to "not more than 10%." Commissioner-Jeff Krauss: Motion Deputy MaVor-Cynthia Andrus: 2nd i 08:04:41 PM (02:06:31) Discussion CR Krauss will probably still vote against it, but this is a reasonable change. Mayor Taylor would prefer to say any number from 0%up, but 10%is not enough. He would support an amendment to the amendment, or 50%would work for him. DM Andrus agreed that 10%seems like a fair maximum. CR Mehl agreed with the previous remarks. i Mayor Taylor believes 10%secures what is needed, but the City needs to be open. 08:08:25 PM (02:10:15) Vote on the Amendment to change the language from "not less than 10%"to "not more than 10%."The motion passed 4-1. Commissioner-Jeff Krauss: Motion t' Deputy MaVor-Cynthia Andrus: 2nd Deputy MaVor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve MaVor-Carson Taylor: Disapprove Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 08:08:51 PM (02:10:41) Vote on the Motion as Amended that having reviewed and considered the application materials,public comment, and all the information presented, I hereby adopt the findings and add the language for the security bond,section 38.16.090 of the BMC, as submitted by staff as alternate number 2[adding the following to section 8 of Ordinance 1920 adding new subsection 38.16.090.D.4.c to the Bozeman Municipal Code as follows: "The review authority may require a developer to enter into a development agreement with the city at the time of issuance of a certificate of appropriateness authorizing demolition of all or part of a historic structure in the neighborhood conservation overlay zoning district or in a designated historic district. The development agreement may provide for conditions of demolition, timing of reconstruction, and may require the developer to I post a surety bond naming the city as a beneficiary for not less more than 10%of the costs of the overall reconstruction budget as a guarantee that construction of the replacement structure will commence promptly upon completion of the demolition. This requirement is in addition to any other requirement of this code."], and all the findings in the staff report for application 14623 and move to provisionally adopt Ordinance 1920. The motion passed 4-1. i Page 5 of 12 ( Bozeman City Commission Meeting Minutes,January 30,2017 Deputy Mayor-Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 08:09:11 PM (02:11:01)Commission in Recess Mayor Taylor called a break until 8:20 PM. 08:20:30 PM (02:22:20) Call to Order Mayor Taylor called the meeting back to order at 8:20 PM. 2. 08:20:46 PM (02:22:36) Resolution 4775, Authorizing the Purchase of Real Property at 1804 North Rouse Avenue from the Montana Department of Transportation for the Expansion of the City of Bozeman's Vehicle Maintenance Property(Woolard/Kukulski) , a 08:21:03 PM (02:22:53)Staff Presentation City Manager Kukulski presented on the potential purchase of the parcel adjacent to the City's vehicle maintenance facility from MDT. He noted the one contingency is the completion of a Phase 1 Environmental Assessment.This was budgeted for. 08:22:50 PM (02:24:40)Questions of Staff CR Pomeroy asked for the dimensions of the property.She asked why the City wants to purchase this parcel. Mr. Kukulski responded in detail. DM Andrus asked where the expenditure if coming from, and how it impacts the full capital budget. Public Works Director Craig Woolard spoke of the benefits of this property. Mayor Taylor asked for clarification on the map. 08:28:41 PM (02:30:31) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 08:28:56 PM (02:30:46)Motion to adopt Resolution 4775,Authorizing the Purchase of Real Property at 1804 North Rouse Avenue from the Montana Department of Transportation for the Expansion of the City of Bozeman's Vehicle Maintenance Property or any other use the City of Bozeman would make of it. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Page 6 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 08:29:22 PM (02:31:12) Discussion CR Krauss noted the value of the property as it's adjacent. CR Pomeroy stated the city is growing, and this is a good purchase. Mayor Taylor believes this is a proactive opportunity. 08:31:58 PM (02:33:48) Vote to adopt Resolution 4775,Authorizing the Purchase of Real Property at 1804 North Rouse Avenue from the Montana Department of Transportation for the Expansion of the City of Bozeman's Vehicle Maintenance Property or any other use the City of Bozeman would make of it. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 1 l s 3. 08:32:11 PM (02:34:01) Adopt the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2018-2022 (Rosenberry) " ,a 08:32:31 PM (02:34:21)Staff Presentation i City Manager Kukulski noted that the plan was presented to the Commission before Christmas,that this was presented on January 9th,with 3 out of 5 Commissioners,that he has asked that they review the record, and that they are prepared to answer any questions. 08:33:55 PM (02:35:45) Questions of Staff DM Andrus asked about using 50%of the cash carryover, and for a reminder of what the cash carryover is typically used for.She asked if a million dollars in cash carryover is too much. She asked if the Commission does not approve the mills or use of cash carryover,the City would still be able to do the projects. Mr. Kukulski stated no, as the CIP needs to be in alignment. She asked about the project on 25th, and the necessity of the road. Parks and Recreation Director Mitch Overton explained the importance of timing for this issue. She asked about the alternative of a trail. Mayor Taylor asked that the area be pulled up on GIS. DM Andrus also asked Mr. Overton if the Story Mill Community Center could be phased, and if it's scheduled for FY18. CR Pomeroy asked how Mr. Overton estimated$16 million for the outdoor aquatic facility, and if it's too high compared to other similar facilities. She asked Assistant City Manager Chuck Winn if the YMCA partnership estimate is still relevant.She asked Assistant City ManagerAnna Rosenberry about borrowing in the CIP, and if this is a good idea. Ms. Rosenberry responded in detail. CR Krauss asked about the water/wastewater lines at the Sports Park, and why wasn't it included in the Page 7 of 12 i Bozeman City Commission Meeting Minutes,January 30,2017 project? Mayor Taylor asked if the Commission is approving half of the overage for General Fund CIP improvements, 2 mills, and some borrowing power, and how does this change how the City would budget? CR Mehl asked that if the 2 mills were eliminated,that it would still balance? Ms. Rosenberry stated concerns that this would push the reserve level. He asked about the current Intercap rate. CR Krauss asked why the two mills or cash carryover hasn't been asked for during the budgeting process at any other time? 09:10:58 PM (03:12:48) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 09:11:19 PM (03:13:09)Motion to adopt the General Fund Capital Improvement Plan(CIP)for Fiscal Years 2018-2022. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 09:11:36 PM (03:13:26) Discussion CR Pomeroy stated that the CIP is complicated, and this is a lot of money for her to swallow, but she will follow the step and supports the motion. CR Mehl might have a motion depending on discussion. CR Krauss stated this seems too much like budgeting. We need to balance the minimum balance. He does support the radio lease. CR Mehl believes this is the time to anticipate what is coming down the road, and now is the time to consider the 5%. He does agree that if they borrow,they will commit future Commissions. He prefers using the rollover. DM Andrus could support the borrowing, but she doesn't love the mills or the cash carryover.She agrees this is better served with the budget. Mayor Taylor believes the Commission should approve the projects. He agrees that he does think the City should borrow. He doesn't have a problem with the 2 mills or the carryover, but he doesn't know exactly what he's approving, but he wants staff to just find a way to budget for what they request. He is looking essentially at the FY18 expenditures,with a little of FY19.The rest is speculation. CR Mehl stated that the motion he seconded assumed the$679,000, and if the Commission goes with Mayor Taylor's suggestion, back-end projects will fall off. CR Krauss reiterated that this is still budgeting, regardless of what gets cut/moved. CR Mehl stated that this is inherently budgeting. Discussion followed. City Manager started he was just showing a new way to look at CIP funding. 09:33:25 PM (03:35:15) Vote to adopt the General Fund Capital Improvement Plan(CIP)for Fiscal Years 2018-2022. The motion fails 2-3. Page 8 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus: Disapprove Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl: Disapprove Commissioner-I-Ho Pomeroy:Approve I 09:33:43 PM (03:35:33) Discussion Mayor Taylor asked what the direction to staff is. CR Krauss stated that the Charter directs staff to present it in a way they have looked at it in the past. DM Andrus stated she would like to see it presented in the way they have looked at it in the past. a CR Mehl asked if the Commission wants to see it again before June? Mayor Taylor stated that if the meaning of the no vote is that this is too much,then the Commission needs to see this again. CR Mehl stated that staff should assume the$679,000, but noted the Commission didn't propose anything to cut. Come back with a CIP without red numbers, because there is support for borrowing, and develop a list that has the possibility of expansion using the rollover. He would rather build up than cut down. g' CR Krauss does believe that the Commission can consider capital projects during the budget. Critical projects should be on the FY18 list in June. He does not think the red numbers resented are acceptable. p 1 p p Mayor Taylor was confused why they wouldn't pass the CIP and save the policy for later, as they discussed last time. S CR Mehl stated that if this was the case, he would have cut projects. He directed staff to come back to I the Commission without the red numbers,to approve the borrowing, and if there's anything that has to be locked in before FY18 starts, let the Commission know. 09:39:49 PM (03:41:39) Public Hearing Closed Mayor Taylor closed the public hearing. 4. 09:39:53 PM (03:41:43)Appointment to the Building Board of Appeals(Michalson) .4 09_39:56 PM (03:41:46) Discussion CR Mehl did speak with Bob Lashaway, and he understood that the board does not meet very often, but is still excited about serving on the board (as well as the following board). 09:40:18 PM (03:42:08)Motion to appoint one member to the Building Board of Appeals with an updated term ending December 31,2019. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Page 9 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 09:40:20 PM (03:42:10) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 09:40:23 PM (03:42:13) Discussion There was no discussion 09:40:25 PM (03:42:15) Vote to appoint one member to the Building Board of Appeals with an updated term ending December 31,2019. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 5. 09:40:38 PM (03:42:28)Appointment to the Fire Code Board of Appeals (Michalson) a 09:40:41 PM (03:42:31) Discussion CR Mehl referenced his comments for previous item,Action Item 4. 09:40:42 PM (03:42:32) Motion to appoint one member to the Fire Code Board of Appeals with an updated term ending December 31,2019. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 09:40:45 PM (03:42:35) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 09:40:51 PM (03:42:41) Vote to appoint one member to the Fire Code Board of Appeals with an updated term ending December 31,2019. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Page 10 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 Commissioner-Chris Mehl:Approve Commissioner-1-Ho Pomeroy:Approve 6. 09:41:04 PM (03:42:54) Legislative Update(Kukulski) 01 C� 09:41:08 PM (03:42:58)Staff Presentation City Manager Kukulski noted that he spoke with the Gallatin County Commission this morning, and that they will be supporting the state legislation. He spoke of the estimation that a local option tax would bring in. 09:49:22 PM (03:51:12)Questions of Staff CR Mehl asked about the calculation, and class four properties. DM Andrus asked if there is an actual bill number yet. Mayor Taylor asked what the Commission could do. H. 09:52:29 PM (03:54:19) FYI/Discussion • Mr. Kukulski noted that there may be a February 15th values discussion, not for next week as previously scheduled. I. 09:53:23 PM (03:55:12)Adjournment Mayor Taylor adjourned the meeting at 9:53 PM. Carson Taylor Mayor 0Z ,. o , , • • +EA.*ATTEST: 4 � yam• "-�4 �� • # ♦ 71N C-®` City Clerk Page 11 of 12 Bozeman City Commission Meeting Minutes,January 30,2017 PREPARED BY: l Robin Crough City Clerk Approved on: 201'l Page 12 of 12