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Home My WebLink About06-26-17 City Commission Minutes U 9x k r Ir CC.0 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,June 26, 2017 Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present Mayor-Carson TaVlor: Present Commissioner-Chris Mehl: Present Commissioner- I-Ho Pomeroy: Present Staff Present at the Dais: Interim City Manager(ICM) Dennis Taylor, City Attorney(CA) Greg Sullivan, Assistant City Manager(ACM)Anna Rosenberry,City Clerk Robin Crough A. 06:00:32 PM (00:04:15)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. 06:00:41 PM (00:04:24) Pledge of Allegiance and a Moment of Silence C. 06:01:31 PM (00:05:14)Changes to the Agenda Interim City Manager Taylor added a second public service announcement about fireworks. D. 06:01:57 PM (00:05:40) Public Service Announcements 1. 06:02:01 PM (00:05:44) No City Commission Meeting on July 3, 2017 and Closure of City Offices on July 4, 2017 (Crough) City Clerk Crough notified the Commission and public that the City Commission will not hold their regular meeting on Monday,July 3,2017 and City Offices will be closed on Tuesday,July 4, 2017. 2. 06:02:24 PM (00:06:07) Independence Day Fire Safety Police Chief Steve Crawford and Deputy Fire Chief Trisha Wolford discussed fire safety and regulations for grilling and fireworks in preparation of the holiday weekend. E. 06:08:56 PM (00:12:39)Consent Page 1 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) o 2. Authorize the Write-Off of Stale-Dated Accounts Payable Checks and Stale-Dated Miscellaneous Accounts Receivable from the City's General Accounting Ledger(LaMeres) a 3. Approve a Full Liquor License for Hunter's Corner, of Bozeman, Montana to Sell Liquor at 25 East Mendenhall Street,Suite C(Pitcher) a 4. Approve a Beer and Wine License for Whistle Pig LLC, of Bozeman, Montana to Sell Beer and Wine at 25 North Willson Avenue,Suite A(Pitcher) "=-_a 5. Approve the Final Plat for the Norton East Ranch Phase 3C Major Subdivision,Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman,Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, and Authorize the Interim City Manager to Execute the Public Access Easement for Common Open Space on Behalf of the City of Bozeman (Quasi-Judicial) (Jadin) RM 6. Approve the Final Plat for the South University District Phase 2 Minor Subdivision,Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman,Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman,and Authorize the Interim City Manager to Execute the Warranty Deed for Parkland Dedication on Behalf of the City of Bozeman (Quasi-Judicial) (WerBell) 01, a 7. Approval of the 2017-2019 Sub-Recipient Agreement for the City of Bozeman's Community Development Block Grant Revolving Loan Fund with the Gallatin Development Corporation, DBA the Prospera Business Network, and Authorize the Interim City Manager to Sign the Agreement(Fontenot) C� 8. Authorize the Interim City Manager to Sign a Conduit Management and Maintenance Agreement with Bozeman Fiber for Fiscal Year 2018(Fine) -�45 9. Authorize the Interim City Manager to Sign a Construction Agreement with L&L Site Services Inc.for Demolition Services for Property at 801 North Rouse Avenue(Gray) °G 10. Authorize the Interim City Manager to Sign a Professional Services Agreement with Tyco- SimplexGrinnell for Annual Sprinkler System Testing and Inspections(Gray) 7 !; 11. Authorize the Interim City Manager to Sign Task Order Number 2 to the Professional Services Agreement with Leland Consulting Group for a 3D Massing Model for Midtown Marketing (Fine) I'a 12. Authorize the Interim City Manager to Sign the Addendum to the Agreement with CenturyLink Communications, LLC to Change Phone Line Services to Session Initiation Protocol Trunks (McMahan) $f a 13. Authorize the Interim City Manager to Sign Addendum Number 2 to the Professional Services Agreement with DOWL LLC to Provide Right-of-Way Acquisition Services(Hixson) C= 14. Authorize the Interim City Manager to Sign a Public Access Easement with Bozeman School District#7 for East Lamme Street Adjacent to Hawthorne Elementary School (Hixson) a Page 2 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 15. Authorize the Interim City Manager to Sign a Public Street and Utility Easement with Rosa- Johnson Development, LLC for Annie Street in the Westbrook Subdivision (Kohtz) *.a 16. Authorize the Interim City Manager to Sign a Public Street and Utility Easement and Temporary Storm Water Facility Easement with Bon Ton Inc.for West Graf Street and South 11th Avenue (Kohtz) `.a 17. Authorize the Interim City Manager to Sign a Public Street and Utility Easement and Temporary Storm Water Facility Easement with Bon Ton Inc. for South 11th Avenue and Arnold Street(Kohtz) a 18. Authorize the Interim City Manager to Sign a Public Utility and Access Easement and Agreement with Rosa Construction, Inc.for the Rosa Apartments Site Plan Application(Kohtz) a 19. Authorize the Interim City Manager to Sign a Utility Easement with Bridger Creek Subdivision Community Association, Inc.for the Links Condominiums Site Plan Application (Kohtz) -4;0 20. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with Bozeman Health Deaconess Hospital for the Bozeman Health Parking Lot Expansion (Kohtz) �a 21. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with The Lakes at Valley West, Bozeman,Two, LLC for the Lakes at Valley West Phase 4(Kohtz) ,-a 22. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement, Construction Access Easement and Agreement, and Public Street and Utility Easement with 2B Holdings, LLC for the Cottonwood Corner Apartments Site Plan Application (Kohtz) „o 23. Resolution 4809,Intent to Modify Special Improvement Lighting District Number 720 for West Winds Subdivision Phases 6-8 (Neibauer/Clark) 7 a 24. Formal Cancelation of the July 3, 2017 City Commission Meeting(Crough) :! 06:09:07 PM (00:12:50) City Manager Overview ICM Taylor presented a brief overview of Consent Items 1-24. 06:12:52 PM (00:16:35) Public Comment There was no public comment. 06:13:08 PM (00:16:51)Motion and Vote to approve Consent Items 1-24 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Page 3 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve F. 06:13:32 PM (00:17:15) Public Comment 06:14:25 PM (00:18:08)Kevin Hubley, Public Comment Mr. Hubley discussed a proposed office building at Stoneridge Drive. Mr. Hubley discussed the nearby failing intersection and asked the Commission to look at the policy and define what development can fall within half a mile of a failing intersection. CR Krauss asked Mr. Hubley about the timeline for development and discussions with City Planning and Engineering. 06:20:31 PM (00:24:14)Kevin Spencer, Public Comment Mr.Spencer,with Norton East Ranch, discussed the lack of people in the community using the affordable housing ordinance for any benefit. He asked the City to incorporate affordable dwelling into a new plan. He discussed that it's very difficult for a developer to develop affordable units. 06:24:57 PM (00:28:40)Brian Segel,Public Comment Mr.Segel discussed short-term rentals, and the responsibility of the homeowner. He asked the Commission to change the proposed regulation from presence to responsibility. He also discussed problems with enacting a cap and it preventing his future options. G. 06:28:30 PM (00:32:13)Special Presentation 1. 06:28:35 PM (00:32:18) Introduction of Kristin Donald, Finance Director(Rosenberry) ACM Rosenberry presented the City's new Finance Director, Kristin Donald. She provided information on Ms. Donald's background. H. 06:30:27 PM (00:34:10)Action Items 1. 06:30:32 PM (00:34:15) Resolution 4803,Appropriating Funds for Various Budget Units, and Further Estimating Revenue Necessary to Operate and Maintain Services of Municipal Government for the Fiscal Year Ending June 30, 2018(Rosenberry) a 06:31:03 PM (00:34:46)Staff Presentation ACM Rosenberry presented on the final budget for FY18.She discussed the appropriation resolution, taking the City Manager's recommended budget, and making requested changes.She discussed removed items, and recommended additions.She discussed where the fund balance would end up, and recommended leaving it in the reserve.She also discussed the recommended addition of an Impact Fee or Down Payment assistance appropriation. She noted the final average annual increase would be $81.30. Page 4 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 06:38:16 PM (00:41:59) Questions of Staff CR Mehl asked about the budget line for possible use for the affordable housing payment assistance proposal. CR Pomeroy asked what the final HRDC number referenced in miscellaneous items actually was, and how many mills were requested.ACM Rosenberry clarified in detail the HRDC request. Mayor Taylor asked what is already incorporated in the budget for HRDC and is it the same as the previous year. CR Pomeroy asked Police Chief Crawford about the request from the Gallatin County Sherriff's Office. ICM Taylor stated that the proposal is not fully developed yet, and this can be a worked on further in the future. 06:47:35 PM (00:51:18) Public Comment Mayor Taylor opened public comment. 06:47:51 PM (00:51:34)Jeff Rupp,Public Comment Mr. Rupp,with HRDC, requested support for a new mill for HRDC. 06:48:55 PM (00:52:38)Lee Hazelbaker,Public Comment Mr. Hazelbaker,the transportation director for the HRDC, asked if the Commission received the memo with the proposed changes. He clarified that HRDC is requesting two mills for Streamline, part of which for Galavan. 06:50:35 PM (00:54:18) Motion that having reviewed the staff report,made further revisions, considered public comment, and considered all of the information presented,I hereby move to adopt Resolution 4803,Appropriating Funds for Various Budget Units, and Further Estimating Revenue Necessary to Operate and Maintain Services of Municipal Government for the Fiscal Year Ending June 30,2018. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 06:51:10 PM (00:54:53)Amendment to the Motion to accept the recommendations for the deletions in the General Fund budget as presented by staff, and accept the two additions as presented by staff. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 06:51:24 PM (00:55:07) Discussion CR Mehl stated on the record the deletions and additions from the legislative history. 06:52:13 PM (00:55:56) Vote on the Amendment to the Motion to accept the recommendations for the deletions in the General Fund budget as presented by staff, and accept the two additions as presented by staff. The amendment passed 5-0. Page 5 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-1-Ho Pomeroy:Approve 06:52:30 PM (00:56:13)Amendment to the Motion to add$4,440 to the band budget. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 06:52:36 PM (00:56:19) Discussion CR Mehl discussed the addition of the allocation for the band. CR Pomeroy agreed that the increase is justified. DM Andrus also supports this as it's related to the strategic plan. CR Krauss supports the amendment. Mayor Taylor also supports the amendment. 06:54:54 PM (00:58:37) Vote on the Amendment to the Motion to add$4,440 to the band budget. The amendment passed 5-0. Commissioner-Chris Mehl: 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 06:55:14 PM (00:58:56)Amendment to the Motion to add$40,000 for HRDC's Streamline bus system. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor-Cynthia Andrus: 2nd 06:55:44 PM (00:59:27) Discussion CR Pomeroy stated that more people are using the bus system,so this increase is needed. DM Andrus would support leaving HRDC at their mill and a half.She stated she's not sure this is a place where additional funding is needed. CR Krauss stated he is also voting no, considering the work ICM Taylor did to make this a tight budget. CR Mehl is open to reconsidering this later after the affordable housing discussion. Mayor Taylor stated that this budget does not reflect a general increase, and if the tax base is higher later he will consider it at that time. Page 6of12 Bozeman City Commission Meeting Minutes,June 26,2017 07:01:05 PM (01:04:48) Vote on the Amendment to the Motion to add$40,000 for HRDC's Streamline bus system. The amendment failed 1-4. Commissioner- I-Ho Pomeroy: Motion Deputy Mavor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus: Disapprove Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor: Disapprove Commissioner-Chris Mehl: Disapprove Commissioner- I-Ho Pomeroy:Approve 07:01:22 PM (01:05:05)Amendment to the Motion to remove$50,000 from the contingency fund and put that money, along with the current$41,560 balance into the reserve earmarked for the HRDC's request for support. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 07:02:40 PM (01:06:23) Discussion CR Krauss related the request to the strategic plan. He discussed a more general HRDC allowance, not specifically for transportation. He'd consider"unreserving"the reserve once a proposal is received. CR Mehl supports the intent, but he asked if he would want to add$1,355 to hit an exact mill. 07:08:07 PM (01:11:50) Discussion Continued Mayor Taylor asked if the mill amount turns out to be slightly different.ACM Rosenberry detailed the process and stated she needed an actual dollar appropriation. CR Mehl removed the friendly amendment. He discussed the need, but requested clarity among the five Commissioners. CR Pomeroy clarified the mill level. DM Andrus supports the amendment, as long as there is detailed information on how the money will be spent. Her understanding was this includes the$14,400. Mayor Taylor stated his preference is to take the money out of the reserve versus the contingency. 07:16:52 PM (01:20:35)Amendment to the Amendment to the Motion to reduce the amount by $14,000. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:17:18 PM (01:21:01) Discussion CR Mehl discussed the intent of the amendment.ACM Rosenberry clarified which account this comes out of. Page 7 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 07:18:51 PM (01:22:34) Vote on the Amendment to the Amendment to the Motion to reduce the amount by$14,000. The amendment to the amendment passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson TaVlor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 07:19:23 PM (01:23:06)Amendment to the Motion as Amended to remove$50,000 from the contingency fund and put that money,along with the current$41,560 balance into the reserve earmarked for the HRDC's request for support, reducing the amount by$14,000. The amendment passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 07:19:46 PM (01:23:29)Amendment to the Motion to instruct staff and the Cemetery Advisory Board to come back by the end of the calendar year with a plan for significant increases in cemetery fees. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:20:08 PM (01:23:51) Discussion CR Mehl stated the intent of this amendment is to solicit input from staff and the board. CR Krauss stated the cemetery is a valuable operation, but it is expensive. DM Andrus thinks this is a conversation worth having. Mayor Taylor also supports the amendment. 07:24:29 PM (01:28:12) Vote on the Amendment to the Motion to instruct staff and the Cemetery Advisory Board to come back by the end of the calendar year with a plan for significant increases in cemetery fees. The amendment passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Page 8 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 Mayor-Carson TaVlor:Approve Commissioner-Chris Mehl:Approve Commissioner- 1-Ho Pomeroy:Approve 07:24:51 PM (01:28:34) Discussion DM Andrus discussed increasing the Commission travel budget from $2,000 to$5,000 for travel in the legislative interim. 07:26:18 PM (01:30:01)Amendment to the Motion to increase the commission travel budget an additional$3,000, to$5,000 total,for the Legislative Interim. DeputV Mavor-CVnthia Andrus: Motion Commissioner-Chris Mehl: 2nd 07:26:28 PM (01:30:11) Discussion CR Mehl sees the wisdom in this. 07:27:19 PM (01:31:02) Vote on the Amendment to the Motion to increase the commission travel budget an additional$3,000,to$5,000 total,for the Legislative Interim. The amendment passed 5-0. Deputy Mayor-CVnthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy Mavor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- 1-Ho Pomeroy:Approve 07:27:53 PM (01:31:36)Amendment to the Motion to put the$200,000 appropriation in the Community Housing Fund. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:28:09 PM (01:31:52) Discussion CR Mehl referenced the discussion of this in the staff memo. 07:28:27 PM (01:32:10) Vote on the Amendment to the Motion to put the$200,000 appropriation in the Community Housing Fund. The amendment passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd DeputV MaVor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Page 9 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 07:29:17 PM (01:33:00)Amendment to the Motion and Vote to remove the Forestry Assessment from the main motion. The amendment passed 4-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Recused Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 07:30:18 PM (01:34:01) Discussion on Main Motion minus the Forestry Assessment CR Mehl discussed the majority of the budget is infrastructure, and approves of the budget. He also discussed holding the line on property taxes. He noted the lack of public comment on the budget, and hopes the public can be more involved. He is interested in further discussion on HRDC in August. He is also interested in Parks staffing. CR Pomeroy stated that she is glad they designated funds towards HRDC. She stated she hopes that affordable housing can become a solvable problem. DM Andrus supports the budget.The increases support the strategic plan.She thanked ICM Taylor's thoughtfulness. CR Krauss stated he will be supporting this budget. He thanked ACM Rosenberry for her work. He also thanked ICM Taylor,for preparing a budget endorsed by this Commission. He thanked all staff for preparing a responsible budget. Mayor Taylor stated that the City has now created enough funds to continue to maintain infrastructure and operations. He discussed the art of budgeting. Bozeman is in a good,sustainable place,and he asked that this not change in the future. He discussed the fact that this is in part an estimate at this point in the year, and there can be some reconsidering in August. He discussed upcoming federal cuts to municipal agencies. 07:48:16 PM (01:51:59) Vote on the Main Motion as Amendment, minus the Forestry Assessment that having reviewed the staff report, made further revisions, considered public comment,and considered all of the information presented,/hereby move to adopt Resolution 4803,Appropriating Funds for Various Budget Units, and Further Estimating Revenue Necessary to Operate and Maintain Services of Municipal Government for the Fiscal Year Ending June 30,2018. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Page 10 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 07:48:33 PM (01:52:16) CR Krauss Excused CR Krauss excused himself from the Forestry Assessment vote due to family in the department. 07:48:39 PM (01:52:22)Motion to approve remaining Forestry section of the budget. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 07:48:47 PM (01:52:30) Discussion CR Mehl discussed the ethics of this separation. Mayor Taylor discussed preparing for the emerald ash borer. 07:49:44 PM (01:53:27) Vote on the Motion to approve remaining Forestry section of the budget. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Recused Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve 2. 07:49:58 PM(01:53:41)Appointment(s)to the Bozeman Area Bicycle Advisory Board (BABAS) (Crough) - a 07:50:14 PM (01:53:57)Motion and Vote to appoint Elise Cranmer as the MSU Student Representative with a term expiring December 31,2017 Ito the Bozeman Area Bicycle Advisory Board]. The motion passed 5-0. Commissioner-Chris Mehl: 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 07:50:53 PM (01:54:36) Discussion Mayor Taylor noted that he is going to hold for a few weeks on the other position to consider previous applicants. Page 11 of 12 Bozeman City Commission Meeting Minutes,June 26,2017 I. 07:51:20 PM (01:55:03) FYI/Discussion 1. CR Krauss discussed the earlier public comment regarding the moratorium on building near failing intersections. He would like a recommendation from the staff on how to address the larger picture quickly. CR Mehl is also interested in input from staff. DM Andrus and CR Pomeroy agreed. 2. Mayor Taylor noted that ICM Taylor will be gone through July 17, 2017. ACM Rosenberry will be Acting City Manager from July 3—July 17. 3. DM Andrus and Mayor Taylor noted that they will also be out of town next week. J. 07:57:00 PM (02:00:43)Adjournment Mayor Taylor adjourned the meeting at 7:57 PM. Carson Taylor Mayor > OF• B.0 ' ATTEST: • _ 1883 ••'��= Robin Crough Co. DZo� City Clerk PREPARED BY: c IS4L, Robin Crough City Clerk Approved on: -Ab )0 l_- Page 12 of 12