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Home My WebLink About06-19-17 City Commission Minutes Co. THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,June 19,2017 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. 06:00:19 PM (00:02:13)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. 06:00:28 PM (00:02:22) Pledge of Allegiance and a Moment of Silence C. 06:01:25 PM (00:03:19)Changes to the Agenda There were no changes to the agenda. D. 06:01:32 PM (00:03:26)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) a 2. Authorize the Interim City Manager to Sign the Notice of Award to Montana Lines, Inc.for the 2017 Pavement Markings Project(Kerr) <P 3. Authorize the Interim City Manager to Sign the Notice of Award to Pink Hill,LLC for the Closure of the Class IV Landfill (Hixson) a 4. Authorize the Interim City Manager to Sign Amendment Number 1 to the Professional Services Agreement with DOWL for the 2016 Materials Testing Project(Gamradt) ".P 5. Authorize the Interim City Manager to Sign Amendment Number 1 to the Agreement for a Revocable Encroachment Permit with Kenyon-Noble Lumber Company and CAMO Holdings, LLC for Front Street and Birch Street Rights-of-Way(Poissant) s_ 3 Page 1 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 6. Approve the Oak Street: Ferguson Avenue to Ryun Sun Way Widening Impact Fee Credit Request, IFCR-1704, in the amount of$130,567.75, and Authorize the Interim City Manager to Sign the Credit Offer to Flanders Mill, LLC(Saunders) T_C� 7. Resolution 4806,Approving Amendment Number 1 to Construction Agreement with Highland Construction Services, LLC for the Bozeman Creek Enhancements at Bogert Park TOP Project (Poissant) ,°Cj 8. Resolution 4807, Certification of Delinquent City Assessments to Gallatin County(Neibauer/ Clark) .a 9. Ordinance 1975 Final Adoption, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution (Sullivan) - Gj 06:01:37 PM (00:03:31) City Manager Overview Interim City Manager Taylor provided a brief overview of Consent Items 1-9. 06:04:35 PM (00:06:29) Public Comment There was no public comment. 06:04:51 PM (00:06:45)Motion and Vote to approve Consent Items 1-9 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd DeputV Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson TaVlor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve E. 06:05:10 PM (00:07:04) Public Comment Mayor Taylor opened public comment. 06:06:23 PM (00:08:17)Sam Long,Public Comment Mr. Long is a developer out of Missoula, requested a letter of support and a waiver of impact fees for the Timber Ridge Senior Living application that will be coming up. CAHAB did approve the funding. Mayor Taylor asked if this was a similar project from last year's project request. Mr. Long responded in detail. F. 06:09:46 PM (00:11:40)Action Items 1. 06:09:50 PM (00:11:44) The 5 West Mendenhall Conditional Use Permit for On-Premise Consumption of Alcohol, Located at 5 West Mendenhall Street, Application 17229 (Quasi- Judicial) (Boughan) . L!- Page 2 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 06:10:17 PM (00:12:11)Staff Presentation Planning Technician Andrew Boughan presented the staff report for the 5 West CUP for on-premise consumption. He presented the current layout and the commercial tenant spaces in the building. He discussed the CUP Criteria of Evaluation, and conditions of approval. 06:13:22 PM (00:15:16)Questions of Staff DM Andrus asked about the third commercial area. CR Mehl asked Mr. Boughan to clarify the outdoor use of the CUP. 06:16:28 PM (00:18:22)Applicant Presentation Andy Holloran, applicant, clarified that space number 2 is not leased at this period, not space 3. 06:17:00 PM (00:18:54)Questions of Applicant CR Mehl asked if the applicant was okay with the conditions of the staff report. 06:17:22 PM (00:19:16) Public Comment There was no public comment. 06:17:43 PM (00:19:37)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 17229 and move to approve the 5 West Mendenhall On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. Commissioner- I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 06:18:18 PM (00:20:12) Discussion CR Pomeroy stated alcohol will increase business. CR Mehl also supports the motion,and noted that with the process is done often and this meets the standards. 06:19:17 PM (00:21:11) 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 17229 and move to approve the 5 West Mendenhall On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. The motion passed 5-0. The motion passed 5-0. Commissioner-I-Ho Pomeroy: 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 19,2017 Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 2. 06:19:31 PM (00:21:25) Fiscal Year 2018(FY18) Budget Work Session—Enterprise Funds: Water Fund,Wastewater Fund,Stormwater Fund,Solid Waste Fund, and Parking Fund (Rosenberry) a 06:20:01 PM (00:21:55)Staff Presentation on the Water Fund ACM Rosenberry discussed the Water Fund.She noted that Public Works operations is supported by this fund.There is one FTE request for a WRF Operator.She discussed the water sale estimates. 06:27:42 PM (00:29:36)Questions of Staff CR Pomeroy asked if water rates have gone up every year, and if they will go up again this year.ACM Rosenberry responded yes. CR Krauss asked if the new water tank was part of the 2%increase. He asked about the redundant line. Director Craig Woolard responded that this is a single point of failure. DM Andrus asked if the 2%increase is included in the$12M in revenues.She asked if it was possible to charge proportionately less for considering water use.ACM Rosenberry explained this is adjusted in the rate studies, and explained the tier system in detail. DM Andrus asked about the disparity between impact fee calculations for water and wastewater. City Engineer Rick Hixson explained in further detail. CR Mehl asked about the reserve of the cash-in-lieu of water rights balance. He asked why no goals were input in this part of the budget. He asked about the estimates from GIS regarding performance measures. Public Works Director Craig Woolard explained the goals that do exist. CR Krauss stated that the goals in next year's budget will line up with the strategic plan. 06:44:47 PM (00:46:41)Staff Presentation on the Wastewater Fund ACM Rosenberry discussed wastewater expenditures, no personnel increases, and the capital projects planned.She discussed on the revenue side,there is less seasonable variability. 06:47:25 PM (00:49:19) Questions of Staff There were no questions of staff. 06:47:38 PM (00:49:32)Staff Presentation on the Stormwater Fund ACM Rosenberry discussed the expenditures of the fund,the addition of a Stormwater Specialist position, and capital projects.She is not recommending a rate increase this year. 06:49:26 PM (00:51:20) Questions of Staff DM Andrus asked what additional tasks will be completed by the staff addition. Director Woolard discussed the new permit the City has received, and there is a significant amount of continued work that will go with the permit.Additionally, much more can be done with the program. CR Mehl asked about the discrepancy between revenues and expenditures. He also asked about the reserve.ACM Rosenberry explained in detail. Page 4 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 CR Pomeroy asked if a fee increase is required.ACM Rosenberry explained this may be further in the future. Mayor Taylor asked if the program is making enough progress, or if the program needs to up service. Director Woolard responded in detail and the labor required to increase service. Mayor Taylor also asked about the increase of the pedestrian ramp inclusion. 06:59:44 PM (01:01:38)Staff Presentation on the Solid Waste Fund ACM Rosenberry discussed the fund's expenditures and capital replacement.This year's recommendation is to add a City Service Worker to accommodate growth.The second year of last year's rate increases comes into effect this year,which is 2%. 07:01:35 PM (01:03:29)Questions of Staff CR Pomeroy asked if the number of customers was increasing.ACM Rosenberry responded yes. Director Woolard responded that the Division growth has been significant. DM Andrus asked if we were any closer to glass recycling. Director Woolard stated the difficulty. CR Krauss asked about the cost of the recycling component of the division.ACM Rosenberry stated this was not separated during the budgeting process. Director Woolard stated that labor and the tipping fee is substantial and provides a barrier. CR Mehl asked how much the price of commodities have dropped.Solid Waste Superintendent Kevin Handelin discussed fluctuation from global policies. CR Mehl about the comparison of transportation to the landfill. He also asked about total tonnage for solid waste and recycling, and participation. CR Krauss clarified that the City pays to dump the recyclables at Four Corners, and if we negotiate. Superintendent Handelin responded it is market rate. Mayor Taylor asked what those that take glass do with it.Superintendent Handelin stated the barrier is the volume. 07:10:25 PM (01:12:19)Staff Presentation on the Parking Fund ACM Rosenberry discussed proposed expenditures, and planned capital.She stated the recent intent of the department to diversify their revenues.She discussed the ending cash balance trends of the last few years, and possible needed corrections. 07:14:17 PM (01:16:11)Questions of Staff CR Krauss asked how to turn the downward trend around if future capital investments aren't really happening, as well as the Downtown TIF expiration. 07:17:16 PM (01:19:10) Public Comment There was no public comment. 07:17:31 PM (01:19:25) Discussion DM Andrus reminded the Commission that there is an implemented parking plan that is implemented incrementally.She discussed perhaps looking at a more tiered and proportional water charge after the upcoming rate study. Page 5 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 CR Krauss thanked staff for coming and thanked Superintendent Handelin for his work. He thinks there are things that can be done for parking. He completely supports the$200K to purchase water rights. In general,these funds support critical functions. He supports an increased effort in stormwater. CR Mehl stated he is pretty happy with the budget, and appreciates staff work. He also shares the stormwater concern. He urged the Parking Commission to come to the Commission with their suggestions. CR Pomeroy stated there is less flexibility with enterprise funds, but she would like to increase the parking fund. CR Krauss stated that if there is something the Commission can do to help spread the word about stormwater,to let them know. Mayor Taylor discussed the art of budgeting, and balancing increases and decreases. He stated that next year we should look at stormwater and see if we're doing everything we need to. 07:31:38 PM (01:33:32) Recess Mayor Taylor called the Commission into recess until 7:40 PM. 07:44:50 PM (01:46:44)Call to Order Mayor Taylor called the meeting back to order at 7:44 PM. 3. 07:45:08 PM (01:47:02) Fiscal Year 2018 (FY18) Budget Work Session — Special Revenue Funds: Arterial and Collector District Fund, Street Maintenance Fund, and Street Impact Fee Fund (Rosenberry) 7La 07:45:25 PM (01:47:19)Staff Presentation on the Street Maintenance Fund ACM Rosenberry stated that the recommended budget is based on a 17%increase in assessments. On the expenditures side.The recommended budget includes the increase of two Street Service Workers. She discussed some of the larger costs in the fund.She discussed the list of capital projects, and the transfer to reconstruction fund. 07:48:12 PM (01:50:06)Questions of Staff CR Mehl clarified that these funds are on yearly increases at the same time, and will shortly plateau. He asked if the City will be reaching the point of keeping up on maintenance. Director Woolard responded yes, but with the caveat that growth can have an impact.ACM Rosenberry clarified where the gas tax funds could come in. CR Krauss asked what was happening on Willson Avenue. 07:52:19 PM (01:54:13)Staff Presentation on the Arterial and Collector District Fund ACM Rosenberry stated this is the third year of a three-year plan to reach the$2M level.She noted the gas tax contribution.She discussed the planned capital. She stated that the gas tax funding will further complicate streets funding, and there may be a need to start a gas tax CIP. Page 6 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 07:54:38 PM (01:56:32)Questions of Staff Mayor Taylor asked if this is the fund that could be decreased next year by$500K.ACM Rosenberry confirmed and explained in detail. CR Pomeroy asked how much we will get for the gas tax.ACM Rosenberry explained the current and future allocation. 07:57:59 PM (01:59:53) Public Comment There was no public comment. 07:58:17 PM (02:00:11) Discussion CR Krauss thanked the staff for guiding the way on street maintenance and creation. He stated this has become the responsibility of the City. It can be expensive but it's the obligation to the community. He supports the service worker requests. DM Andrus stated she likes the idea of gas tax CIP.She is still concerned with the level of non-residents using the infrastructure.She will continue to look for other revenue streams to help. CR Mehl stated the Commission is behind the investment in infrastructure. He added that there is more than just maintenance, but also impact fee funded capital. He stated he also supports additional revenue streams. CR Pomeroy asked the City Manager about the discrepancy between 4%growth and 6%budget increase. ICM Taylor stated this was due to capital improvements of identified projects.She stated she is grateful for the gas tax money, and thanked staff. CR Krauss stated we are spending a lot of impact fee money, because now with the A&C District we can match. He appreciates staff contribution to make this work. Mayor Taylor stated that we may finally be catching up on infrastructure. He thanked all involved that got to this point. 4. 08:10:35 PM (02:12:29) The Lakes at Valley West Phase 4 Preliminary Planned Unit Development with Fifteen Relaxations to Code Standards Located at 5600 Durston Road, Application 17150(Quasi-Judicial) (Saunders) P 08:10:58 PM (02:12:52) Disclosures Mayor Taylor disclosed that he talked about this project with Mr. Stratton, but with a stronger focus on affordable housing. CR Mehl stated he had a conversation, but it was about affordable housing in general. CR Krauss stated he also had a conversation that was about affordable housing, not the application specifically. DM Andrus stated she had a preliminary discussion, but it was not in much detail. 08:12:35 PM (02:14:29)Staff Presentation Policy and Planning Manager Chris Saunders introduced the PUD and discussed the relaxations.This is the fourth time this project has gone before the Commission, and tonight is Phase 4. Mr.Saunders Page 7 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 presented details of Phase 4, and the requirements of the PUD. He provided a summary list of the relaxations. He stated there has been no public comment and the DRB recommends approval. He noted the conditions of approval are very short,since at this point it has been fairly fine-tuned. 08:18:47 PM (02:20:41)Questions of Staff CR Pomeroy asked about the wetland setback,and if Mr.Saunders expects any future problems. He responded in detail. DM Andrus asked if there are any additional relaxations in this phase unseen by the Commission. CR Mehl asked what the final units per usable acre will be. Mr. Saunders stated it will comply with the minimum requirements.CR Mehl asked if the woonerfs have worked in the other phases. Development Review Engineer Shawn Kohtz responded that snow removal may be difficult, but the HOA will be responsible in the end. 08:25:01 PM (02:26:55)Applicant Presentation Applicant Greg Stratton responded to the flood hazard evaluation. In regards to snow removal,the residents are involved in the HOA and have been since 2006, and he doesn't anticipate a huge change. 08:27:48 PM (02:29:42)Questions of Applicant CR Mehl asked if he was in agreement with the conditions. Mr.Stratton confirmed. Mayor Taylor asked if affordable housing has any impact on this phase. Mr.Stratton stated no. 08:28:55 PM (02:30:49) Public Comment There was no public comment. 08:29:08 PM (02:31:02)Motion that having reviewed and considered the application materials all the information presented,I hereby adopt the findings presented in the staff report for application 17150 and move to approve the planned unit development with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion' DeputV Mayor-Cynthia Andrus: 2nd 08:29:26 PM (02:31:20) Discussion CR Mehl stated this isn't the first time they've seen this PUD, and he is in full agreement with the staff report. DM Andrus associates herself with CR Mehl's comments. CR Krauss stated this is innovative and a shame it has to be a PUD to get through our system. He stated that snow removal is always an issue with an HOA.This is the direction the City will need to go. CR Pomeroy thanked the applicant and any supply helps with affordable housing. Mayor Taylor stated he appreciates the building of characteristic neighborhoods. Page 8 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 08:32:48 PM (02:34:42) Vote on the Motion that having reviewed and considered the application materials and all the information presented,I hereby adopt the findings presented in the staff report for application 17150 and move to approve the planned unit development with conditions and subject to all applicable code provisions. 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 5. 08:33:06 PM (02:35:00) The Lakes at Valley West Phase 4 Subdivision, 21.059 Acres for 27 Dwellings on 25 Residential Lots and Additional Unplatted Phases for Future Development Located at 5600 Durston Road,Application 17149 (Quasi-Judicial) (Saunders) ~.a 08:33:29 PM (02:35:23)Staff Presentation Policy and Planning Manager Chris Saunders stated this is a subdivision,which requires additional conditions included as best fit for the subdivision. 08:34:46 PM (02:36:40) Questions of Staff There were no questions of staff. 08:35:01 PM (02:36:54)Questions of Applicant CR Mehl asked if Mr.Stratton was okay with the conditions and staff report, and when would he start construction. Mr.Stratton confirmed and stated middle August. 08:35:40 PM (02:37:34) Public Comment There was no public comment. 08:35:51 PM (02:37:45)Motion that having reviewed and considered the application materials and all the information presented,I hereby adopt the findings presented in the staff report for application 17149 and move to approve the subdivision with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 08:36:16 PM (02:38:10) Discussion CR Mehl stated he is in the agreement with the conditions. Page 9 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 08:36:52 PM (02:38:46) Vote on the Motion that having reviewed and considered the application materials and all the information presented, I hereby adopt the findings presented in the staff report for application 17149 and move to approve the subdivision with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd DeputV Mayor-CVnthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 6. 08:37:06 PM (02:39:00) Reclaim Review Authority of Applications for Development Located at 202 South Black Avenue,Application 17265 (Quasi-Judicial) (Krueger) M! a 08:37:44 PM (02:39:38)Staff Presentation Community Development Director Martin Matsen stated staff is available to answer questions. 08:38:04 PM (02:39:58) Public Comment Mayor Taylor opened public comment. 08:38:19 PM (02:40:13)Andy Halloran, Public Comment Mr. Holloran stated that he has responded appropriately to feedback from the public and the Commission with a new application that meets all criteria for this location. He respects the process and asked that if the decision is made to reclaim,that he hears the basis for that, both for this project and for future projects. 08:40:50 PM (02:42:44)Motion that pursuant to Section 38.34.010.B(2), I move that the City Commission reclaim original review authority for the Black Olive 11 Site Plan and Certificate of Appropriateness application,Application 17265. Deputy Mayor-CVnthia Andrus: Motion Commissioner-Chris Mehl: 2nd 08:41:25 PM (02:43:19) Discussion DM Andrus stated that it would be good to reclaim based on discussion, not specific criteria. It is the Commission's responsibility to continue to look at this project. CR Krauss stated that it's time to allow the process to work on this application. Previously there wasn't a Community Development Director, but now they've heard the policy considerations and have heard from the public. He has faith in the current director and the process. CR Pomeroy stated that this project provides some housing, and increased supply helps affordable housing.The City encourages infill, and this project has no variances or deviations. Page 10 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 Mayor Taylor stated he will vote for the motion. He will reclaim items of significant community concern. He will reclaim to allow for public input.The merits of the project are not important to him,just the reclaim this evening. CR Mehl stated that the Commission has responsibility to make some significant decisions. He explained his criteria. CR Krauss asked when it would be on an agenda. ICM Taylor stated July 24, 2017 is set as tentative. CR Krauss asked how much later a Director approval would happen. Director Matsen responded not much. Mayor Taylor asked about the timing of the appeal process. City Attorney Sullivan explained the timeline. 08:53:58 PM (02:55:52) Vote on the Motion that pursuant to Section 38.34.010.B(2),l move that the City Commission reclaim original review authority for the Black Olive I/Site Plan and Certificate of Appropriateness application,Application 17265. The motion passed 3-2. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss: Disapprove Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy: Disapprove G. 08:54:16 PM (02:56:10) FYI/Discussion 1. Mayor Taylor addressed the request in public comment earlier in the evening. He stated his intention is to go to the first cut meeting in Helena. CR Krauss asked that this be put on the agenda for Thursday. ICM Taylor stated that this may be too short of notice. 2. Mayor Taylor informed the Commission that he signed an application for AARP for a city designation. 3. Mayor Taylor asked the Commission to indicate budget cuts or additions at this time. ICM Taylor discussed two potential additions to the Commission budget,specific to the Infrastructure Coalition. Mayor Taylor stated adds regarding regarding the band,Streamline, and police training. CR Mehl stated parks. CR Krauss added to reconsider the primary and determine that funding. DM Andrus asked that further discussion happen with ICM Taylor. 4. Mayor Taylor reminded the Commission of Thursday's special meeting. H. 09:05:32 PM (03:07:26)Adjournment Mayor Taylor adjourned the meeting at 9:05 PM. Carson Taylor Mayor Page 11 of 12 Bozeman City Commission Meeting Minutes,June 19,2017 ATTEST: Robin Crough City Clerk PREPARED BY: Robin Crough City Clerk Approved on: LXA YN 6Qe Page 12 of 12