The URL can be used to link to this page

Home My WebLink About07-23-18 City Commission Minutes F f THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,July 23,2018 Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner- I-Ho Pomeroy: Present Commissioner-Terry Cunningham: Present Staff Present at the Dais: City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, City Clerk Robin Crough A. 06:00:01 PM (00:02:39)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:05 PM (00:02:43) Pledge of Allegiance and a Moment of Silence C. 06:00:55 PM (00:03:33)Changes to the Agenda CM Surratt stated there was a request to pull Consent Item 3,the item will go after Item G. D. 06:01:33 PM (00:04:11) FYI • Cr. Cunningham stated that library traffic for June 2018 set an all-time record. • Mayor Andrus acknowledged some recently received Big Sky Economic Development Trust Fund grant awards. E. 06:02:51 PM (00:05:29)Commission Disclosures • Cr. Cunningham disclosed that relating to Action Item 3, he is the Executive Director of Run Dog Run, and he will not be a point of contact to the City for his organization. F. 06:03:39 PM (00:06:17)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) a_ a 2. Appoint a Sub-Committee of Two Commissioners to Review Depository Bonds and Pledged Securities as of June 30,2018(Clark) °.4= Page 1 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 3. -<a MOVED TO AFTER ITEM G. 4. Authorize the City Manager to Sign Two (2) Public Access Easements, a Public Drainage Easement, a Public Street and Utility Easement, a Water Pipeline Access Easement and Agreement, and a Conditional Irrevocable Offer of Dedication with Bozeman School District 7 for the Bozeman High School Project(Kohtz) " a 5. Authorize the City Manager to Sign an Agreement with Bozeman School District 7 for New Bozeman High School Water Adequacy Requirements (Heaston) a 6. Authorize the City Manager to Sign a Professional Services Agreement with Design 5 Landscape Architecture for Water Efficient Landscape Designs for City Street Medians (Ahlstrom) 4- 7. Resolution 4920, State Revolving Loan Program Reimbursement for the Front Street Interceptor - Resolution Relating to Financing of Certain Proposed Projects, Establishing Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code (Donald) a 06:03:43 PM (00:06:21) City Manager Overview CM Surratt discussed the highlights of the consent agenda. 06:04:39 PM (00:07:17) Public Comment There was no public comment. 06:04:57 PM (00:07:35)Motion and Vote to approve Consent Items 1,2,4-7 as submitted. The motion passed 5-0. Commissioner-TerrV Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy: Approve Commissioner-Terry Cunningham: Approve G. 06:05:15 PM (00:07:53)Consent II: Items Acted Upon Without Prior Unanimous Vote 1. Ordinance 2007 Provisional Adoption, the Kagy Crossroads Zone Map Amendment Changing Zoning on 5.5098 Acres from B-2(Community Business District)to B-2M(Community Business Mixed District), Generally Located Northwest of the Intersection of South 19th Avenue and Kagy Boulevard,Application 18132 (Rogers) a 06:05:46 PM (00:08:24) Public Comment Page 2 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 There was no public comment. 06:05:56 PM (00:08:34)Motion and Vote to Tina [provisionally]adopt Ordinance 2007, to rezone approximately 5.5098 acres from B-2 Community Business District to B-2M Community Business- Mixed. The motion passed 3-2. Deputy Mayor-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl: Disapprove Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham: Disapprove Consent Item 3. 06:06:25 PM (00:09:03) Remove Citizen Advisory Board Members with Incomplete Annual Ethics Training(Crough) .'Cp 06:06:35 PM (00:09:13) Discussion Cr. Krauss wanted to make sure the list is accurate as of this evening. City Clerk Crough provided an updated list, stating Chris Budeski, Erik Garberg, and Cory Lawrence were now fully complete. DM Mehl discussed that Richard Shanahan only did not complete the final part. 06:08:22 PM (00:11:00) Public Comment Mayor Andrus opened public comment. 06:08:36 PM (00:11:14)Brian Close,Public Comment Mr. Close stated that Richard Shanahan is a critical member of the board, and he asked that Mr. Shanahan be removed from the item. 06:09:11 PM (00:11:49)Motion to remove citizen advisory board members from their respective appointments who have incomplete ethical quizzes or ethical verification forms. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 06:09:31 PM (00:12:09) Discussion DM Mehl stated he will have Mr.Shanahan reapply. CA Sullivan clarified the ethical verification language in Bozeman Municipal Code. Mayor Andrus stated the training has been open since April and there have been many reminders for training. Cr. Krauss stated he makes the motion reluctantly, but ethics is mandated by the City Charter so he takes it seriously. Page 3 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 06:14:31 PM (00:17:09) Vote on the Motion to remove citizen advisory board members from their respective appointments who have incomplete ethical quizzes or ethical verification forms. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham: Approve H. 06:14:49 PM (00:17:27) Public Comment There was no public comment. I. 06:15:32 PM (00:18:10)Action Items 1. 06:15:38 PM (00:18:16) Resolution 4936, a Resolution of the City Commission Submitting to the Qualified Electors of the City of Bozeman, Montana, the Question of Issuing General Obligation Bonds for the Bozeman Public Safety Center in the Aggregate Principal Amount of up to Thirty-Six Million Nine Hundred Sixty-Five Thousand and No/100 Dollars ($36,965,000.00)for the Purpose of Paying, with Other Available Funds of the City,the Costs of Designing, Constructing, Equipping and Furnishing on City-Owned Land at the Corner of East Oak Street and North Rouse Avenue a New Bozeman Public Safety Center,to Include the City's Fire Station#1, Police Department Headquarters, Municipal Courts, Prosecution,Victim Services,and OtherJustice Services,and Associated Site Improvements,and Costs Associated with the Sale and Issuance of the Bonds for the Bozeman Public Safety Center(Surratt) " a 06:16:30 PM (00:19:08)Staff Presentation CM Surratt stated the resolution is needed to adopt the ballot language, and that she and the Police Chief will provide the education presentation that is being provided to the public. 06:19:10 PM (00:21:48)Questions of Staff Cr. Pomeroy asked about the language presented in the resolution for the ballot, and if it needs to be written as such, as one question. CA Sullivan responded in detail. DM Mehl asked if this was the same bond consultant as previously used. CA Sullivan asked if the Commission would be willing to amend the notice dates when adopting the resolution if desired. 06:26:12 PM (00:28:50)Staff Presentation Continued CM Surratt presented the public education presentation, Safety First. Police Chief Steve Crawford discussed the impact of growth on Bozeman's safety demand.The proposed facility and costs were Page 4 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 discussed in detail. 06:42:31 PM (00:45:09)Questions of Staff Cr.Cunningham asked Chief Crawford for the benefits of this specific location, and the benefits of co- location of the Police and Fire Chief. DM Mehl asked about the community presentations. Cr. Pomeroy asked about recent police staff increases and increases in Municipal Court cases. Mayor Andrus asked for clarification if the City was building a jail,to which Police Chief Crawford stated no. 06:55:22 PM (00:58:00) Public Comment There was no public comment. 06:55:30 PM (00:58:08)Motion to adopt Resolution 4936, a Resolution of the City Commission Submitting to the Qualified Electors of the City of Bozeman, Montana, the Question of Issuing General Obligation Bonds for the Bozeman Public Safety Center in the Aggregate Principal Amount of up to Thirty-Six Million Nine Hundred Sixty-Five Thousand and No/100 Dollars($36,965,000.00)for the Purpose of Paying, with Other Available Funds of the City, the Costs of Designing, Constructing, Equipping and Furnishing on City-Owned Land at the Corner of East Oak Street and North Rouse Avenue a New Bozeman Public Safety Center, to Include the City's Fire Station#1,Police Department Headquarters, Municipal Courts,Prosecution, Victim Services,and Other Justice Services, and Associated Site Improvements,and Costs Associated with the Sale and Issuance of the Bonds for the Bozeman Public Safety Center and amending the dates of publication of notice of the election to be October 14`,215; and 28i;2018. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 06:56:45 PM (00:59:23) Discussion Cr.Cunningham stated he appreciates the work put into the presentation and the County for allowing the space for this question to be before the voters. DM Mehl discussed the safety of our community and the skill of our Fire Department, but how growth has necessitated improvements. He stated this is a generational vote. Cr. Pomeroy emphasized the importance of the new facility, and the responsibility of city government to ensure public safety. Cr. Krauss thanked the Commission for putting this issue first. He discussed the benefits of the location. He emphasized that the city taxpayers will be the principal benefiters of this. Mayor Andrus associates herself with previous comments. She stated this is the most economic and efficient solution.She encouraged citizens on the fence to contact the City to get their questions answered. 07:14:43 PM (01:17:21) Vote on the Motion to adopt Resolution 4936, a Resolution of the City Commission Submitting to the Qualified Electors of the City of Bozeman, Montana, the Question of Page 5 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 Issuing General Obligation Bonds for the Bozeman Public Safety Center in the Aggregate Principal Amount of up to Thirty-Six Million Nine Hundred Sixty-Five Thousand and No/100 Dollars ($36,965,000.00)for the Purpose of Paying, with Other Available Funds of the City, the Costs of Designing, Constructing, Equipping and Furnishing on City-Owned Land at the Corner of East Oak Street and North Rouse Avenue a New Bozeman Public Safety Center, to Include the City's Fire Station #1, Police Department Headquarters, Municipal Courts, Prosecution, Victim Services, and Other Justice Services, and Associated Site Improvements,and Costs Associated with the Sale and Issuance of the Bonds for the Bozeman Public Safety Center and amending the dates of publication of notice of the election to be October 14`;215; and 28`h1P 2018. The motion passed 5-0. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy: Approve Commissioner-Terry Cunningham:Approve 2. 07:15:02 PM (01:17:40) Resolution 4939, Establishing a Water Impact Fee and Wastewater Impact Fee Exemption Program for Montana State University and Also Establishing an Appropriate Water and Wastewater Impact Fee Refund for Yellowstone Residence Hall and Jake Jabs Hall (Heaston/Saunders) a 07:15:48 PM (01:18:26)Staff Presentation Senior Engineer Brian Heaston discussed the resolution, and the efficiency measures implemented by MSU. He discussed the overall fiscal effects. 07:20:53 PM (01:23:31)Questions of Staff DM Mehl asked for the breakdown of water/wastewater, and the share of the city's water use per day. He asked about a discrepancy in the numbers in the tables. Cr. Pomeroy asked for clarification on the payment of impact fees. Policy and Planning Manager Chris Saunders responded.She asked if we refund any other developers. Cr. Krauss asked if others would get a similar impact fee credit,specifically the private sector. He asked if we are affecting our debt service with the refunds. He asked if the City has made facility improvements and if we would be requesting this rebate for ourselves. He asked who would make up the difference if granted. Cr. Cunningham asked Dan Stevenson of Montana State University asked about the data preparation for the custom fee study. He asked about the motivation of MSU's conservation efforts. Mayor Andrus asked if there are opportunities for MSU to share their efforts with other organizations in the community, and whether this is scalable to smaller homes. She asked Mr. Heaston what the water savings means for the rest of the community. DM Mehl asked if the resolution only recognizes internal savings. Page 6 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 Cr. Krauss asked if these expenditures are recognized in the CIP and debt service. Finance Director Kristin Donald spoke to effects on debt service. Mr.Saunders clarified the impacts of the water savings on residential building. Cr. Krauss asked about the criteria for requesting impact fee credits for physical construction. 07:58:55 PM (02:01:33) Public Comment There was no public comment. 07:59:11 PM (02:01:49)Motion that having considered the staff presentation and materials provided, I hereby move to adopt Resolution 4939, Establishing a Water Impact Fee and Wastewater Impact Fee Exemption Program for Montana State University and Also Establishing an Appropriate Water and Wastewater Impact Fee Refund for Yellowstone Residence Hall and Jake Jabs Hall. Deputy Mayor-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 07:59:36 PM (02:02:14)Amendment to the Motion that any future credits and evaluation when calculated be approved by the City Commission. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:59:52 PM (02:02:30) Discussion DM Mehl stated he'd like to see experimental programs come back in front of the Commission. 08:00:39 PM (02:03:17) Vote on the Amendment to the Motion that any future credits and evaluation when calculated be approved by the City Commission. The amendment passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 08:00:51 PM (02:03:29) Discussion DM Mehl discussed impact fees, and that he appreciates what MSU has done. He'd like an update of this in the future. Cr. Pomeroy thanked MSU for their savings, but does not support the motion. Cr. Krauss stated this is out of context and out of the blue. He discussed the ethics of the proposal. Cr. Cunningham discussed the value of water and its effect on growth. He supports the motion. Mayor Andrus thanked MSU for their water conservation efforts. Page 7 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 08:17:12 PM (02:19:50) Vote on the Motion as Amended that having considered the staff presentation and materials provided, I hereby move to adopt Resolution 4939,Establishing a Water Impact Fee and Wastewater Impact Fee Exemption Program for Montana State University and Also Establishing an Appropriate Water and Wastewater Impact Fee Refund for Yellowstone Residence Hall and Jake Jabs Hall, and that any future credits and evaluation when calculated by approved by the City Commission. The motion passed 3-2. DeputV Mayor-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy: Disapprove Commissioner-Terry Cunningham: Approve 08:17:34 PM (02:20:12) Recess Mayor Andrus called the Commission into recess until 8:25 PM. 08:25:15 PM (02:27:53)Call to Order Mayor Andrus called the meeting back to order at 8:25 PM. 3. 08:25:23 PM (02:28:01) Selection of Park and Trail District Level of Service to Pursue in the Staffing and Implementation Plan for the District(Overton) a 08:25:41 PM (02:28:19)Staff Presentation Parks and Recreation Director Mitch Overton provided an overview and history of the city-wide Park and Trail District.The district addresses deferred maintenance, operations, and equity.Jolene Rieck, of Peaks to Plains, discussed the total cost of ownership.She discussed the level of service spectrum,the differences in the levels of service, and next steps. 08:48:50 PM (02:51:28) Questions of Staff/Consultant Cr. Pomeroy asked what percentage of parks were not affected by deferred maintenance, and if bronze covers the deferred maintenance. She asked for the difference between gold and bronze levels. Cr. Krauss asked how long the backlog of deferred maintenance has been going. He asked what the annual impact on a homeowner would be. Finance Director Kristin Donald responded. He asked if all the HOAs want to give their parks up. Cr. Cunningham asked about the Miles City example,specific to safety in playgrounds. He asked about what safety issues are missing in Bronze. He asked about peer data in Montana. DM Mehl asked about equity and proximity to parks. He asked GIS Manager Jon Henderson about operations and management costs through CityWorks. He asked about the responses of HOAs to the survey. He asked about the ability for voluntary, additional maintenance. Mayor Andrus asked how long the City has been thinking of a Parks Maintenance District.She asked why a bronze level continues a reactionary strategy. Page 8 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 Cr. Krauss asked how volunteer work was valued. He asked what would be done to achieve equity. DM Mehl clarified that no cap was being considered. Cr. Pomeroy asked if the current level of service is below minimum service. 09:24:30 PM (03:27:08) Public Comment Mayor Andrus opened public comment. 09:24:38 PM (03:27:16)Brian Close,Public Comment Mr.Close, member of the Recreation and Parks Advisory Board,stated clean,safe, and in good repair is necessary. He stated Silver is a standard across the country, and the current system is not sustainable. 09:27:13 PM (03:29:51)Motion to accept the 2018 Park and Trail District Feasibility Study Part 11 and direct the City Manager to proceed with the Park& Trail District Staffing and Implementation Plan at a bronze level of service and return, within the current fiscal year, with the proposed plan and recommendations and a Resolution of Intent to create a special district for park and trail maintenance. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 09:28:00 PM (03:30:38) Discussion Cr. Pomeroy stated she'd love to choose silver or gold, but the Bozeman Public Safety Center must be prioritized. Cr. Krauss stated we've never been caught up, and there is a high satisfaction rate currently. He further discussed equity. He is skeptical the General Fund will be reduced. Cr.Cunningham prefers a higher level of service than bronze. He discussed risk and responsibility, and that this is one of the City's priorities in the Strategic Plan. DM Mehl stated he would prefer the silver level,which would allow for flexibility to ratchet it down. He discussed that silver is the national average,and we need to be moving in the right direction. Mayor Andrus discussed the priority of parks in the community.She discussed the necessity of clean, safe, and in good repair. 09:52:23 PM (03:55:01) Vote on the Motion to accept the 2018 Park and Trail District Feasibility Study Part 11 and direct the City Manager to proceed with the Park& Trail District Staffing and Implementation Plan at a bronze level of service and return, within the current fiscal year, with the proposed plan and recommendations and a Resolution of Intent to create a special district for park and trail maintenance. The motion failed 1-4. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Manor-Cynthia Andrus: Disapprove Deputy Mayor-Chris Mehl: Disapprove Commissioner-Jeff Krauss: Disapprove Page 9 of 11 Bozeman City Commission Meeting Minutes,July 23,2018 Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham: Disapprove 09:52:46 PM (03:55:24)Motion to accept the 2018 Park and Trail District Feasibility Study Part ll and direct the City Manager to proceed with the Park& Trail District Staffing and Implementation Plan at a silver level of service and return, within the current fiscal year, with the proposed plan and recommendations and a Resolution of Intent to create a special district for park and trail maintenance. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 09:53:21 PM (03:55:59) Discussion Cr. Cunningham stated this is the appropriate level of funding. Cr. Krauss stated this funding source is the property owners in the city. 09:53:58 PM (03:56:36) Vote on the Motion to accept the 2018 Park and Trail District Feasibility Study Part 11 and direct the City Manager to proceed with the Park& Trail District Staffing and Implementation Plan at a silver level of service and return, within the current fiscal year, with the proposed plan and recommendations and a Resolution of Intent to create a special district for park and trail maintenance. The motion passed 3-2. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner-I-Ho Pomeroy: Disapprove Commissioner-Terry Cunningham:Approve J. 09:54:23 PM (03:57:01) FYI/Discussion • Mayor Andrus updated the Commission with communications with the County,specific to reaching out to Cr. White.The County Commission prefers that the two bodies meet jointly. Cr. Krauss stated the County should be invited to the August 6th meeting. He would also like the County invited to a series of discussions, especially about transportation. 09:59:38 PM (04:02:16) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. • Cr. Cunningham asked for clarification if this is a joint meeting. K. 10:00:55 PM (04:03:33) Executive Session 1. City Manager Six Month Feedback Page 10of11 Bozeman City Commission Meeting Minutes,July 23,2018 Mayor Andrus stated the leadership evaluation is a component of the City Manager's performance evaluation.The City has retained Dave Meldahl to facilitate the process, and pursuant to Sect. 2-3-203(3), MCA,The Mayor may close the meeting during the time discussion relates to a matter of individual privacy if the demands of individual privacy clearly exceed the merits of public disclosure. CM Surratt asserted her privacy interests and welcomes open and confidential feedback, and would appreciate Mr. Meldahl's participation. Mayor Andrus closed the meeting. A separate set of minutes has been prepared for the Executive Session. VIDEO AND AUDIO RECORDING STOPPED FOR REMAINDER OF MEETING. L. 11:19:00 PM Adjournment Mayor Andrus adjourned the meeting at 11:19 PM. Cy is L.Andrus Mayor ATTEST: ,114$OZE ►� • �:=Jt Robin Crough = �y City Clerk IN Cam" PREPARED BY: Robin Crough City Clerk Approved on: A,nA4 Page 11of11