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HomeMy WebLinkAbout08-28-17 City Commission Minutes BOZ�� t THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,August 28,2017 Mayor-Carson Taylor: Present DeputV Mayor-CVnthia Andrus:Absent Commissioner-Jeff Krauss: Present Commissioner-I-Ho Pomeroy: Present Commissioner-Chris Mehl: Present Staff Present at the Dais: Interim City Manager(ICM) Dennis Taylor, City Attorney(CA) Greg Sullivan, City Clerk Robin Crough A. 06:00:34 PM (00:02:29)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. 06:00:45 PM (00:02:40) Pledge of Allegiance and a Moment of Silence C. 06:01:31 PM (00:03:26)Changes to the Agenda There were no changes to the agenda. D. 06:01:36 PM (00:03:31)Authorize Absence- Deputy Mayor Andrus 06:01:39 PM (00:03:34)Motion and Vote to authorize the absence of Deputy Mayor Andrus. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy:2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve E. 06:01:53 PM (00:03:48) Public Service Announcements Page 1 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 1. No City Commission Meeting on Monday,September 4, 2017 and Closure of City Offices (Crough) City Clerk Crough notified the Commission that there was no Commission meeting on Monday,September 41h in observance of Labor Day, and that City offices will be closed. F. 06:02:40 PM (00:04:35)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 1"G 2. Approve the Request for Cash-in-lieu of Parkland Dedication for the Midtown Apartments Site Plan, Located at 511 West Peach Street,Application 17275(Quasi-Judicial) (Krueger) - a 3. Authorize the Interim City Manager to Sign a Memorandum of Understanding with the Montana Department of Natural Resources and Conservation Providing for the Installation and Maintenance of a Real-Time Streamflow Gage on Bozeman Creek(Heaston) I'_ - 4. Authorize the Interim City Manager to Sign a Storm Drain Easement with Darlinton Manor HP/HRDC Limited Partnership for Parcel Number 1 and a Storm Drain Easement with George E.Westlake and D.K.Martinen,LLC.for Parcel Number 2 forthe North 4th Avenue Stormwater Pipe Project(Mehrens) , a 5. Authorize the Interim City Manager to Sign the Notice of Award to Highland Construction Services LLC for the 2017 Baxter Lane Improvements Project(Murray) : != 6. Authorize the Interim City Manager to Sign Task Order Number 3 to the Professional Services Agreement with DOWL, LLC for the Bozeman Sports Park Project(Poissant) -° C_ 7. Authorize the Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant Application Submittal to the Bureau of Justice for 2017 Diversity in Response Improvements(McLane) a 06:02:44 PM (00:04:39) City Manager Overview ICM Taylor provided a brief overview of Consent Items 1-7. 06:05:07 PM (00:07:02) Public Comment Mayor Taylor opened public comment. 06:05:24 PM (00:07:19)BrentZendel, Public Comment Mr. Zendel, a hydrologist with the DNRC,spoke in support of the MOA with the DNRC on tonight's consent agenda. He spoke of collaboration between the City and the DNRC. 06:08:31 PM (00:10:26)Motion and Vote to approve Consent Items 1-7 as submitted. The motion passed 4-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Carson Taylor:Approve Page 2 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve G. 06:08:50 PM (00:10:45) Public Comment Mayor Taylor opened public comment. 06:09:41 PM (00:11:36)Jerry Pape,Public Comment Mr. Pape spoke as a representative of the City Planning Board, and discussed the UDC process, specifically that the UDC is coming before the Growth Policy,which needs to be updated from 2009. He spoke of HRDC projects. 06:13:16 PM (00:15:11)Bill Clem, Public Comment Mr. Clem owns Curbspace,and invited the Commission to the grand reveal of an electric charging station on September 13'h at 4:30 PM on 810 North Wallace. He spoke of electric mobility and climate change. H. 06:16:38 PM (00:18:33) Mayoral Proclamation 1. Proclamation of Acceptance and Implementation of the AARP and World Health Organization's Global Network of Age-Friendly Cities and Communities ° a Mayor Taylor read a proclamation regarding AARP's Age-Friendly Cities and Communities. The representative of AARP presented the City with the first designation in the state of Montana and presented the team. I. 06:21:48 PM (00:23:43)Action Items 1. 06:21:54 PM (00:23:49) 514 North Tracy Home-Based Business Conditional Use Permit, Application 17284 (Quasi-Judicial) (Boughan) 7m a 06:22:20 PM (00:24:15)Staff Presentation Planner Andrew Boughan entered the staff report into the record and presented the CUP application for a home-based business. He described the existing site and the need for the CUP. He discussed the criteria for evaluation.There was no public comment, and DRC recommended approval. 06:24:47 PM (00:26:42)Questions of Staff Mayor Taylor asked if the CUP ran with the land or with the business. CA Sullivan clarified that CUPS run with the land unless specific findings were made otherwise. Mayor Taylor asked if a vehicle would still park in the garage, and general parking requirements, and whether there was an increase in traffic. He asked if the conditions detailed what type of home-based business. Page 3 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 06:28:04 PM (00:29:59)Applicant Presentation Lisa Easton thanked the City and the Community Development staff for the review process. 06:28:59 PM (00:30:54) Questions of Applicant Cr. Mehl asked the applicant if they were okay with all conditions. 06:29:24 PM (00:31:19) Public Comment There was no public comment. 06:29:39 PM (00:31:34)Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 17284 and move to approve the 514 North Tracy Home-Based Business Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 06:30:05 PM (00:32:00) Discussion Cr. Krauss discussed this was reasonable. Cr. Mehl agreed with the motioner and staff report. Mayor Taylor described his concern of CUPs surviving the owner vs. property. He discussed on-street parking. He discussed the potential of having this CUP run with the owner instead of property. 06:32:37 PM (00:34:32) Vote on the Motion that having reviewed and considered the application materials,public comment,and all the information presented, I hereby adopt the findings presented in the staff report for application 17284 and move to approve the 514 North Tracy Home-Based Business Conditional Use Permit with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 2. 06:32:49 PM (00:34:44) Amended Plat of Lot 7, Block 41, Northern Pacific Addition Minor Subdivision Preliminary Plat,Application 17273 (Quasi-Judicial) (Jadin) . 06:33:21 PM (00:35:16)Staff Presentation Planner Addi Jadin entered the staff report into the record with an amended map distributed.She discussed the amended plat and subject property configuration, noting a correction.She demonstrated Page 4 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 the current and proposed future land use.She discussed the review criteria.There was no public comment, and staff recommends approval. 06:38:44 PM (00:40:39)Questions of Staff Cr. Mehl asked about the conditions to waive the right to protest for a parks maintenance district. He asked about a discrepancy with the nearby possibly failing intersection. Engineer Shawn Kohtz described the waiver granted. He asked if the property was zoned R-2. 06:40:50 PM (00:42:45)Applicant Presentation The applicant was not present. 06:41:20 PM (00:43:15) Public Comment There was no public comment. 06:41:53 PM (00:43:48) Point of Clarification CA Sullivan explained the need to continue this item. Future dates were discussed. Cr. Krauss asked staff to get ahold of the applicant for the end of the evening. 08:01:27 PM (02:03:22) Public Hearing Reopened Mayor Taylor reopened the public hearing. 08:01:47 PM (02:03:42)Applicant Presentation Applicant Julian Morice stated he was available for questions. 08:02:15 PM (02:04:10)Questions of Applicant Cr. Mehl asked the applicant what his plans for the land were. He asked if he was okay with the conditions of the staff report. Cr. Pomeroy asked about his plans. 08:03:40 PM (02:05:35) Public Comment There was no public comment. 08:03:54 PM (02:05:49)Motion that having reviewed and considered the application materials,public comment,and all the information presented,I hereby adopt the findings presented in the staff report for application 17273 and move to approve the Amended Plat of Lot 7A,Block 41,Northern Pacific Addition Minor Subdivision with conditions and subject to all applicable code provisions. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 08:04:25 PM (02:06:20) Discussion Cr. Pomeroy stated this was logical. Page 5 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 Cr. Krauss thought more lots downtown in a responsible way were always a good idea. Cr. Mehl agrees and supports the conditions. 08:05:27 PM (02:07:22) Vote on the Motion that having reviewed and considered the application materials,public comment,and all the information presented,I hereby adopt the findings presented in the staff report for application 17273 and move to approve the Amended Plat of Lot 7A,Block 41, Northern Pacific Addition Minor Subdivision with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Carson Taylor: Approve Deputy Mayor-Cynthia Andrus: Absent Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 3. 06:43:48 PM (00:45:43) Resolution 4821, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2017-2018 (FY18) (Rosenberry) , a 06:44:10 PM (00:46:05)Staff Presentation Assistant City Manager Anna Rosenberry discussed the changes in the city's valuation/tax base.There was a significant increase due to new construction and the reappraisal of market value of property.She discussed tax base changes.She noted the calculated maximum levy and the number of mills that correlated.The recommended levy is 189.33 mills,for$19,158,747,which leaves 15.97 mills not levied. This is a 7.6% reduction in the levy from last year.She discussed what this meant for the median residential property, and the fiscal effect on the median residential property. She also discussed the current General Fund Reserve. She noted an estimated $1.2M in General Fund carry-over. No public comment has been received. 06:58:25 PM (01:00:20)Questions of Staff Cr. Pomeroy asked if there was any way to make the included calculations easier.She asked if this meant tax rates were being raised. Cr. Krauss clarified that the city did not get any additional new construction money. He asked if it was always the case that the new median is typically different than the old median, and asked if the analysis is causing the$80 change. Cr. Mehl asked about the two hearings noticed this evening and what was within their authority to act this evening. Mayor Taylor asked about the additional burden that now falls on residential. He asked about Gallatin County's levy for the 911 system. She discussed Department of Administration changes that affect the mills. He asked if there was a way to levy the median from 2 years ago at zero. He asked about the property appeal process from residents. Page 6 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 Cr. Krauss asked about the calculations for a$292,000 residents. 07:23:44 PM (01:25:39) Public Comment There was no public comment. 07:24:14 PM (01:26:09)Motion to adopt Resolution 4821,Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2017-2018(FY18). Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 07:24:33 PM (01:26:28)Amendment to the Motion to cut the all purpose mill levy by 2 mills. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:24:54 PM (01:26:49) Discussion Cr. Mehl discussed the cut because of the additional almost$500,000,which reduces the tax burden. Cr. Krauss is on the fence, and discussed the reserve vs.the typical median homeowner impact. Cr. Pomeroy agreed with Cr. Krauss. Mayor Taylor discussed the speculation behind the valuation. He discussed the increase that some will inherently experience. He wanted to add to the budget, but it won't come from an increase in the tax base over 4%. He discussed the reserve. 07:34:57 PM (01:36:52) Vote on the Amendment to the Motion to cut the all purpose mill levy by 2 mills. The amendment passed 4-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 07:35:08 PM (01:37:03) Discussion Cr. Mehl discussed his interest in a possible future budget amendment. Cr. Pomeroy thanked staff and was please the mill value increased. If there is additional money,she would like to pay off the bond. Cr. Krauss discussed the effect on the typical homeowner,and that this funds the City Manager's recommended budget. He discussed that any extra money belongs to the taxpayer. He will vote for this since it's the City Manager's recommendation. Page 7 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 Mayor Taylor supports the motion,finding the commercial/residential valuation switch odd. He stated that the increases to the fees and assessments should level out to inflation in the future. 07:47:19 PM (01:49:14) Vote on the Main Motion as Amended to adopt Resolution 4821,Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2017-2018(FY18), cutting the all purpose mill levy by 2 mills. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 07:47:41 PM (01:49:36) Recess Mayor Taylor called the Commission into recess until 8:00 PM. 08:01:03 PM (02:02:58)Call to Order Mayor Taylor called the Commission back to order at 8:01 PM. 5. 08:06:09 PM (02:08:04) Appeal of the Administrative Project Decision 17365 for the Links Condominiums,Application 16374(Quasi-Judicial) (Krueger) _s~a 08:06:23 PM (02:08:18) Process CA Sullivan explained the appeal hearing process. He discussed what constituted evidence and how to review the findings. He specified what is not on the table this evening.The Commission discussed the process in some detail. 08:13:31 PM (02:15:26)Staff Presentation Development Review Manager Brian Krueger presented the appeal of a site plan approval.The site plan is at 2411 Birdie Drive,the property owner/applicant is Golf Course Partners, and the Community Development Director approved the project in July 2017. Mr. Krueger discussed an off-site required easement. He discussed the nature of the appeal, brought by appellant Thomas Murphy with Bridger Center, LLC, discussing a required street extension to undeveloped land,that this site plan would prevent happening to his property. He discussed the public notice and the public comment received. He discussed the Commission's three options this evening. 08:26:13 PM (02:28:07) Questions of Staff Page 8 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 Cr. Krauss asked if any comparable decisions have been made in the past concerning not granting access to undeveloped land. He asked about the general support of the use of cul-de-sacs. Cr. Mehl asked if we would allow a current development with one road access. Drive access was discussed in detail. He asked why an easement was required but not access. Mayor Taylor asked about a cul-de-sac vs. a private drive access. He asked about potential access points for the appellant. Cr. Krauss asked about the turnaround in the subject property. He asked if there are prohibitions in code for land-locking undeveloped property. 08:47:11 PM (02:49:06)Appellant Presentation Alanna Griffith discussed street connectivity and its application to the project.She defined the Links condominiums as a development,street access is required, and that the application should be amended or denied.She discussed health,safety, and welfare necessities. 08:53:41 PM (02:55:36)Questions of Appellant Cr. Mehl asked when the property as acquired. Mayor Taylor asked when Boylan Road was built, and the ownership of the easement property. 08:57:04 PM (02:58:59)Owner Presentation Susan Swimley, representing Golf Course Partners, clarified the property ownership in the area.She discussed the conflicting ownership and the relevant requirements for the property. Golf Course Partners does not have the authority to force easements.She reiterated that the Commission is reviewing whether this development meets City rules only, not potential other development. She stated it is not reasonable for this one lot to provide access to an adjacent but not annexed property. 09:06:51 PM (03:08:46)Questions of Owner Cr. Krauss asked about looking at a 2007 plan using 2017 rules. Cr. Pomeroy asked about the history of the site plan approval and infrastructure building. Cr. Mehl asked if she was saying that the site plan expiring is immaterial. He asked if it's common for a road to reduce density. He asked why the easement property couldn't be a road. Mayor Taylor where streets vs. access comes into play. 09:19:43 PM (03:21:38) Proponents of Appeal There were no proponents. 09:20:15 PM (03:22:10)Opponents of Appeal There were no opponents. 09:20:25 PM (03:22:20)General Public Comment 09:20:36 PM (03:22:31) Tom Starner,Public Comment Mr.Starner discussed that anything that happens in this lot should have happened in the initial site plan. Page 9 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 09:22:59 PM (03:24:54)Debra Damer,Public Comment Ms. Damer, on the Golf Course Partners Board of Directors,stated that the undeveloped land has no plans.She discussed tension with the City for delaying closing the landfill. 09:25:26 PM (03:27:21) Point of Order Cr. Krauss asked if Ms. Damer should have been classified as an opponent. 09:26:38 PM (03:28:33) Tom Murphy, Public Comment Mr. Murphy, owner of the Bridger Center property,stated if access was granted, he would annex the property. He emphasized the second entrance is a matter of safety. 09:27:51 PM (03:29:46)Bob Trumblick,Public Comment Mr.Trumblick is an owner of one of the condos, and he opposes this appeal, as he may lose market value if the rules change. 09:28:56 PM (03:30:51)Questions of Staff Cr. Krauss asked what the Links Condominium owners bought if the site plan expired. CA Sullivan explained in detail. Mayor Taylor asked about changing declarations or site plans. Cr. Mehl asked if dual access was also not required in 1995. Mr. Krueger answered in detail. 09:34:02 PM (03:35:57)Appellant Rebuttal Alanna Griffith stated only four units have been declared.She described the declaration and site plan process in detail, including its staging. She discussed the many different definitions of streets in code. She discussed that access such as this would be reasonable. She discussed that Engineering was not looking at this as a clean slate. 09:39:20 PM (03:41:15) Point of Clarification Mr. Krueger provided additional detail on street definitions. 09:40:54 PM (03:42:49) Questions of Staff Cr. Krauss asked about street connections in code, and if street stubs get created because of this. Cr. Pomeroy asked about the expiration of the 2007 site plan. 09:45:00 PM (03:46:55) Discussion Cr. Pomeroy asked about the Commission's decision authority this evening. Mayor Taylor discussed the authority of the City to demand this infrastructure. He discussed whether this was reasonable. Cr. Krauss stated this discussion should be "what would we have done," and he would have required access. Cr. Mehl agrees with Cr. Krauss, and reiterated that this is about public safety. He would support an Page 10 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 amendment contingent access is provided. Cr. Pomeroy believes the site plan is still valid, and the decision should be upheld. 10:00:18 PM (04:02:13) Meeting Extended Mayor Taylor extended the meeting to 10:30 PM, 10:00:27 PM (04:02:22) Discussion Continued Mayor Taylor reiterated this is a reasonableness question. 10:03:31 PM (04:05:26) Point of Clarification CA Sullivan asked the Commission if they want to draft the condition this evening, or bring it back.The Commission discussed what they would ask staff to come back with for condition language. 10:09:20 PM (04:11:15) Discussion Continued Cr. Mehl discussed making the approval contingent on providing access. 10:10:10 PM (04:12:05)Motion to amend approval of this project to modify the condition to require a second street-like access to the property to be defined by staff. Commissioner-Chris Mehl: Motion 10:10:42 PM (04:12:37)Motion failed due to lack of second. 10:10:42 PM (04:12:37)Motion to amend approval to require access to the undeveloped land to allow the suitable development of the adjoining undeveloped land. Commissioner-Jeff Krauss: Motion 10:11:10 PM (04:13:05)Motion failed due to lack of second. 10:11:29 PM (04:13:24) Discussion Continued Cr. Krauss stated that they are asking staff to come back with an amendment for the suitable development of adjoining land. Cr. Mehl asked if the secondary fire access should be drivable by the public or for just safety vehicles. 10:14:14 PM (04:16:09) Point of Clarification CA Sullivan stated that they can continue this to a date certain, and request the attorney draft a condition for the review to adopt by motion amending it. 10:15:42 PM (04:17:37)Motion to continue the hearing until such a time the City Attorney and appropriate staff can draft an amendment to provide access to the undeveloped land reasonably that would allow suitable development of that adjoining undeveloped land. Page 11of17 Bozeman City Commission Meeting Minutes,August 28,2017 Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd 10:17:07 PM (04:19:02) Discussion CA Sullivan discussed how staff will interpret the motion. 10:17:41 PM (04:19:36) Vote on the Motion to continue the hearing until such a time the City Attorney and appropriate staff can draft an amendment to provide access to the undeveloped land reasonably that would allow suitable development of that adjoining undeveloped land. The motion passed 3-1. Commissioner-Jeff Krauss: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy: Disapprove Commissioner-Chris Mehl:Approve 10:17:55 PM (04:19:50) Discussion The Commission and CA Sullivan discussed when this will return, including notice. 6. 10:18:51 PM (04:20:46) Resolution 4840,Amending the City's Annual Budget for Wastewater Fund Appropriations for the Fiscal Year Ending June 30, 2018 for the Water Reclamation Facility(WRF)Small Works Project Number 1 (Donald) - a 10:19:11 PM (04:21:06)Staff Presentation Kristin Donald, Finance Director,discussed the budget amendment necessary due to bids that came in high.This will be covered by cash on hand, and no public comment has been received. 10:19:41 PM (04:21:36)Questions of Staff Cr. Mehl asked about the digester issue. Engineer Brian Heaston stated this does not relate to digester number 3. He asked why digesters 1 and 2 needed this at this point. Mr. Heaston responded this is on a cycle.The equipment was discussed in detail. 10:23:12 PM (04:25:07) Public Comment There was no public comment. 10:23:20 PM (04:25:15)Motion to adopt Resolution 4840,Amending the City's Annual Budget for Wastewater Fund Appropriations for the Fiscal Year Ending June 30,2018 for the Water Reclamation Facility(WRF)Small Works Project Number 1. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Page 12 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 10:23:42 PM (04:25:37) Discussion Cr. Mehl discussed the necessity. Cr. Pomeroy agreed it was necessary. Cr. Krauss supports the motion. Mayor Taylor supports the motion. 10:24:32 PM (04:26:27) Vote on the Motion to adopt Resolution 4840,Amending the City's Annual Budget for Wastewater Fund Appropriations for the Fiscal Year Ending June 30,2018 for the Water Reclamation Facility(WRF)Small Works Project Number 1. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 7. 10:24:42 PM (04:26:37) Authorize the Interim City Manager to Sign the Notice of Award to Williams Brothers Construction for the Water Reclamation Facility(WRF)Small Works Project Number 1 (Heaston) -;,P 10:24:59 PM (04:26:54)Staff Presentation Project Engineer Brian Heaston discussed the notice of award for the contract that was contingent on the previous budget amendment. 10:25:16 PM (04:27:11) Questions There were no questions of staff. 10:25:23 PM (04:27:18) Public Comment There was no public comment. 10:25:35 PM (04:27:30)Motion to direct the Interim City Manager to sign the Notice of Award for the Water Reclamation Facility Small Works Project No. 1 to Williams Brothers Construction for Bid Items No.1,3,4,5,and 6,in the amount of eight hundred thirty eight thousand, eight hundred dollars, and exclude Bid Item No.2 from the award. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 10:26:01 PM (04:27:56) Discussion Cr. Mehl supports the motion. Page 13 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 10:26:18 PM (04:28:13) Vote on the Motion to direct the Interim City Manager to sign the Notice of Award for the Water Reclamation Facility Small Works Project No. 1 to Williams Brothers Construction for Bid Items No. 1,3,4,5, and 6,in the amount of eight hundred thirty eight thousand, eight hundred dollars, and exclude Bid Item No.2 from the award. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho PomeroV: 2nd Mayor-Carson Taylor:Approve DeputV Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner- I-Ho PomeroV:Approve Commissioner-Chris Mehl:Approve 8. 10:26:28 PM (04:28:23)Transportation Improvements Policy Discussion (Woolard) e G 10:27:03 PM (04:28:58) Meeting Extended Mayor Taylor extended the meeting to 11:00 PM. 10:27:10 PM (04:29:05)Staff Presentation Assistant City Manager Chuck Winn provided an introduction of the moving parts of this discussion. He discussed the successes the City has made recently, and noted that the impact fee study will be happening shortly. Public Works Director Craig Woolard discussed the transportation system funding and planning improvements made. He discussed the challenge of growth continuing to stress the system. He discussed the existing level of service intersections. He discussed the current policy, required by the UDC. He discussed the ability of the Commission to provide a waiver, or the cash-in-lieu option available for developers. He discussed the delay standard that sets the level of service. He displayed a map showing different priorities for time and CIP inclusion. He discussed some tangible accomplishments. He discussed the challenges, specifically that improvements cannot meet the rate of growth. He discussed the implications for development. He recommends that the level of service stand be replaced, and to look at a study to look at other ways to evaluate this problem. He suggested a completeness standard. 10:45:16 PM (04:47:11)Questions of Staff Cr. Krauss asked about the Kagy and 7th intersection. He asked about some intersections that MDT has prevented improvements. He asked if there was a consideration for the direction of traffic. He asked how to solve the equity issue. Cr. Pomeroy asked if the current policy of a level of C is good.She asked why some intersections are F. 10:57:52 PM (04:59:47) Meeting Extended Mayor Taylor extended the meeting to 11:20 PM. 10:57:55 PM (04:59:50) Discussion Continued Page 14 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 Cr. Pomeroy asked Mr.Woolard to further explain the fairness issue. Cr. Mehl asked if the current impact fee study agreement would need to be amended. Cr. Mehl asked how much of the City's infrastructure spending is from impact fees. He asked what the timeframe would be for a policy recommendation before this body. Policy and Planning Manager Chris Saunders responded regarding the timeline. Cr. Krauss asked why we couldn't reduce the half mile, and distinguish between undeveloped and developed. He and Dr. Woolard discussed the balance between funding and improvements.Assistant City Manager Anna Rosenberry cautioned the Commission away from making a change on the standard without understanding the impact on impact fees.The only immediate solution she sees is a quick approach to the CIP and impact fee study. 11:14:49 PM (05:16:44) Meeting Extended Mayor Taylor extended the meeting to 11:45 PM. 11:15:09 PM (05:17:04) Public Comment Mayor Taylor opened public comment. 11:15:16 PM (05:17:11) Tom Starner,Public Comment Mr.Starner discussed small development vs. lot development.The solution is to make a change of what the Commission is trying to address. 11:18:29 PM (05:20:24)Mark Eggs,Public Comment Mr. Eggy stated the code restrictions are preventing development. He suggested the City consider the developer must implement transportation strategies to mitigate or offset increased trips. 11:21:34 PM (05:23:29)Keith Redford, Public Comment Mr. Redford discussed a separation from development vs. infill. Changing the level of service for a period of time will help. 11:23:21 PM (05:25:16)Kevin Hubley,Public Comment Mr. Hubley discussed that this current policy costs money as it prevents development. 11:26:11 PM (05:28:06) Discussion Cr. Mehl discussed this is a large problem that many feel. He discussed the importance of the impact fee study. He discussed impact fees in detail. Cr. Pomeroy agreed with Cr. Mehl,and asked developers to be patient. Cr. Krauss stated that half a mile and a level of service C are both arbitrary. He discussed that he wants to make a clearer definition to allow small builds. He agreed to do the CIP ASAP. He stated many intersections have been solved,so why can't it be solved anymore. He stressed infill and equity. Mayor Taylor discussed the need to upgrade vs.the need for development in limited areas. He stated he would like to see staff look into the difference between development and infill. He agreed to move up the CIP. He asked for staff to weigh in on safety related issues. Page 15 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 11:43:08 PM (05:45:03) Meeting Extended Mayor Taylor extended the meeting to 11:55 PM, 9. 11:43:19 PM (05:45:14)Appointment(s)to the Bozeman Area Bicycle Advisory Board(BABAB) (Crough) , a 11:43:37 PM (05:45:32) Motion and Vote to appoint Tawnya Healy and Andrew Brechbuhler to the [Bozeman Area Bicycle Advisory Board to two vacant]at-large voting positions[expiring on December 31,2018]. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus: Absent Commissioner-Jeff Krauss:Approve Commissioner- 1-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve 10. 11:44:01 PM (05:45:56) Appointment(s) to the Northeast Urban Renewal Board (NURB) (Crough) , C� 11:44:07 PM (05:46:02)Motion and Vote to appoint M. Ethan Barlow to a non-voting position with a term ending July 31,2021 and Nolan Campbell to a non-voting position with a term ending July 31, 2020 [to the Northeast Urban Renewal Board]. The motion passed 4-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Mayor-Carson Taylor:Approve Deputy Mayor-Cynthia Andrus:Absent Commissioner-Jeff Krauss:Approve Commissioner- 1-Ho Pomeroy:Approve Commissioner-Chris Mehl:Approve J. 11:45:00 PM (05:46:55) FYI/Discussion • ICM Taylor and the Commission discussed the materials for the September 7`h meeting. K. 11:45:47 PM (05:47:42)Adjournment Mayor Taylor adjourned the meeting at 11:45 PM. Page 16 of 17 Bozeman City Commission Meeting Minutes,August 28,2017 I ' Carson Taylor Mayor ATTEST: BOZ /may■ L.,,, W _�., ■ ■ ;�, =_ o in Crough City Clerk PREPARED BY: Robin Crough City Clerk Approved on: ; O l� Page 17 of 17