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HomeMy WebLinkAbout11-19-18 City Commission Minutes t THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 19,2018 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,Assistant City Attorney(ACA) Karen Stambaugh, Deputy City Clerk Brenda Sweeney A. 05:59:56 PM (00:01:42)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. 06:00:07 PM (00:01:53) Pledge of Allegiance and a Moment of Silence C. 06:00:57 PM (00:02:43)Changes to the Agenda There were no changes to the agenda. D. 06:01:02 PM (00:02:48) FYI • Mayor Andrus publicly thanked the community for their support of the public safety facility bond as well as staff who made a great effort to educate the community. • Cr. Cunningham announced that at a recent Bozeman Public Library Board of Trustees meeting, Director Gregory was directed to explore with the city the possibility of moving to a fine-free model for late book returns. • Cr. Cunningham talked about the possibility of directing the City Manager to have the City Legal Department come back to the commission with a proposed resolution banning mobile billboards in the city limits. E. 06:04:21 PM (00:06:07)Commission Disclosures There were no commission disclosures. F. 06:04:33 PM (00:06:19)Consent Page 1 of 11 Bozeman City Commission Meeting Minutes, November 19,2018 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 1 'Co 2. Approve the Depository Bonds and Pledged Securities as of September 30, 2018 (Clark)27 a 3. Approve the Final Plat for Flanders Mill — Phase 6 Subdivision and Authorize the Director of Public Works to Sign the Same on behalf of the City of Bozeman,the Director of Community Development to Sign the Improvements Agreements,and Authorize the City Manager to Sign the Perpetual Access Easement and Water Adequacy Agreement with Flanders Mill, LLC, Application 18324(Quasi-Judicial) (Saunders)"! a 4. Adopt the Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024 (Donald) 7 a 5. Adopt the Street and Curb Reconstruction Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024(Donald), a 6. Adopt the Street Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2020- 2024(Donald)7 a 7. Authorize the City Manager to Sign a Public Access Easement with HNA Land Co LLC for Construction of a 25 Foot Wide Multi-Use Path for the Buffalo Wild Wings Project (Nielsen) " a 8. Resolution 4976,Authorizing Change Order Number 2 with Knife River-Belgrade for the East Tamarack Street Reconstruction Project(Murray) a 9. Resolution 4961, Authorizing Change Order Number 3 with Montana Civil Contractors, Inc. for the 5.3 Million Gallon (MG) Water Storage Tank Project(Murray), a 10. Resolution 4970, Intent to Create Special Improvement Lighting District Number 749 for the West Winds SW Subdivision (Clark) 4z 11. Resolution 4978, Intent to Consider a Growth Policy Amendment to Amend Figure 3-1 of the Bozeman Community Plan, the Future Land Use Map from Present Rural and Residential to Residential Emphasis Mixed Use and Community Commercial Mixed Use on 160 Acres Northwest of the Intersection of Cottonwood and Oak,Application 18450(Garber), a 12. Ordinance 2015 Provisional Adoption,16th and Olive Zone Map Amendment Designating 0.59 Acres as R-5, Residential Mixed-Use High Density, Located at 1608 West Olive Street and 215 South 16th Avenue,Application 18323 (Garber) a 06:04:34 PM (00:06:20) City Manager Overview CM Surrat discussed the highlights of the consent agenda. 06:05:27 PM (00:07:13) Public Comment There was no public comment. 06:05:39 PM (00:07:25)Motion and Vote to approve Consent Items 1-12 as submitted. The motion passed 5-0. Page 2 of 11 Bozeman City Commission Meeting Minutes, November 19,2018 Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve G. 06:05:57 PM (00:07:43) Public Comment There was no public comment. H. 06:06:41 PM (00:08:27) Mayoral Proclamation 1. Proclamation to Recognize Small Business Saturday 4:3 Mayor Andrus read a proclamation recognizing Small Businesses Saturday as November 24, 2018. 1. 06:09:10 PM (00:10:56)Action Items 1. 06:09:13 PM (00:10:59) Resolution 4972,Stating Conditions Necessary for the City Commission to Consider Annexation of Property Located within the Riverside Water and Sewer District(Winn) °a 06:09:25 PM (00:11:11)Staff Update CM Surratt stated she has been talking with the applicant in the neighborhood for this item, and there will be additional discussions to be held which will take place tomorrow. City staff will meet with their homeowner's association regarding expectations of the annexation. CM Surratt is requesting continuance to December 3, 2018 for this agenda item.Staff will bring this document back as well as a presentation from ACM Chuck Winn along with the applicants. 06:11:11 PM (00:12:57) Public Comment There was no public comment. 06:11:21 PM (00:13:07)Motion to continue Action Item 1., Resolution 4972, until December 3,2018. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd 06:11:40 PM (00:13:26) Vote on the Motion to continue Action Item 1., Resolution 4972, until December 3,2018. The motion passed 5-0. Commissioner-Terry Cunningham: Motion Page 3 of 11 Bozeman City Commission Meeting Minutes, November 19,2018 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 2. 06:11:55 PM (00:13:41) Resolution 4963, Creation of Special Improvement Lighting District Number 748 for the Montana State University(MSU) Innovation Campus (Donald)07 a 06:12:11 PM (00:13:57)Staff Presentation Finance Director Kristin Donald presented SILD 748 for the MSU Innovation Campus.She talked about the fixtures to be installed, reviewed a map of the proposed district and the lighting assessment amount.She pointed out there were no written protests or public comment received. 06:13:26 PM (00:15:12) Public Comment There was no public comment. 06:13:36 PM (00:15:22)Motion to adopt Resolution 4963, Creation of Special Improvement Lighting District Number 748 for the MSU Innovation Campus. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho PomeroV: 2nd 06:13:51 PM (00:15:37) Discussion There was no discussion. 06:14:00 PM (00:15:46) Vote on the Motion to adopt Resolution 4963, Creation of Special Improvement Lighting District Number 748 for the MSU Innovation Campus. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Manor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 3. 06:14:12 PM (00:15:58)Arterial and Collector District Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024(Donald) 1 a Page 4 of 11 Bozeman City Commission Meeting Minutes,November 19,2018 06:14:35 PM (00:16:21)Staff Presentation Finance Director Kristin Donald presented the Arterial and Collector District Fund CIP for FY 2020-2024. She reviewed the large financial summary,the arterial and collector funding and project summary.Interim Public Works Director Shawn Kohtz and Finance Director Donald answered questions of the commission. 06:17:19 PM (00:19:05)Questions of Staff Cr. Pomeroy asked if there is a plan for the street improvement at Baxter and 19th. DM Mehl asked Finance Director Donald why the payback revenue ends in 2023. He asked if there is a reason gas tax revenue will stay flat. Cr. Cunningham talked about College Street from 8th to 111h and beyond and asked about ongoing dialogue with MSU for improvements. He asked about 11`h to 191h improvement on Babcock. He asked when the Church/Sourdough intersection will be prioritized. Cr. Krauss asked about the $3.5M in projects which were not completed this year. He asked if the city coordinates right-of-way acquisitions with the CIP. He talked about safety concerns regarding Babcock. Mayor Andrus asked about Story Mill from Bridger to Griffin Drive and how the cost for improvements is split.She asked about the cost of design and construction for Kagy,Willson and 19th.She asked if it is safe to assume that if a project was on the transportation plan for 2018 or 2019 it would have come off the CIP.She requested a running list of completed projects over the last five years. Cr. Krauss raised a question about taking a breath and moving projects to 2021 in order to complete all the projects for 2018 and 2019. He talked about getting too far ahead of ourselves with that list. CM Surratt talked about obtaining the best construction bid prices. Mayor Andrus asked about Baxter and Davis which is an FY19 project. Cr. Cunningham asked about Kagy from Willson to Durston and talked about his recollection of a tunnel going under Kagy. He asked about MSU's capital campaign relative to communicating with MSU and the MSU Foundation about a partnership as well as fundraising and naming opportunities which would alleviate construction costs for the city. CM Surratt talked about the great existing partnership with MSU, and this request would be from the Commission. 06:41:57 PM (00:43:43) Public Comment There was no public comment. 06:42:09 PM (00:43:55)Motion to adopt the Arterial and Collector District Fund Capital Improvement Plan(CIP)for Fiscal Years 2020-2024. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor-Chris Mehl: 2nd 06:42:26 PM (00:44:12) Discussion Cr. Pomeroy thanked staff. She will support the motion. DM Mehl will approve the motion. He clarified for the public that the commission votes on these twice Page 5 of 11 Bozeman City Commission Meeting Minutes, November 19,2018 per year. He echoed the request for a list of projects. He pointed out the bike lanes which will be added. He talked about his recollection of the MSU and Kagy project and MSU's lack of commitment for financial participation. Cr. Cunningham commented that the Kagy and Church/Sourdough project should be moved up a bit for safety reasons. He talked about the possibility of bidding things together to get the attention of contractors. Cr. Krauss looks at infill first and thinks it's important to fix Babcock between 19th and 11th. He talked about the list of unfinished projects and not over-promising and under-delivering. CM Surratt thanked the commission for recognizing the work of the engineers, Public Works Department and Finance Department and commented that staff will prioritize the work as funding comes through. Mayor Andrus expressed appreciation for the GIS maps. 07:01:07 PM (01:02:53) Vote on the Motion to adopt the Arterial and Collector District Fund Capital Improvement Plan(CIP)for Fiscal Years 2020-2024. The motion passed 5-0. Commissioner- I-Ho Pomeroy: 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 4. 07:01:19 PM (01:03:05)Street Impact Fee Fund Capital Improvement Plan (CIP)for Fiscal Years 2020-2024(Donald)^ a 07:01:30 PM (01:03:16)Staff Presentation Finance Director Kristin Donald presented the Street Impact Fee Fund CIP for FY 2020-2024.She reviewed the financial summary and explained the Impact Fee Advisory Committee recommended changes. She reviewed the Street Impact Fee Project Summary. 07:04:19 PM (01:06:05)Questions of Staff Cr. Pomeroy asked about the project summary and the negative fund balance. 07:05:49 PM (01:07:35) Public Comment There was no public comment. 07:05:58 PM (01:07:44)Motion to adopt the Street Impact Fee Fund Capital Improvement Plan(CIP) for Fiscal Years 2020-2024. Deputy Mayor-Chris Mehl: Motion Page 6 of 11 Bozeman City Commission Meeting Minutes,November 19,2018 Commissioner-Terry Cunningham:2nd 07:06:18 PM (01:08:04) Discussion DM Mehl commented these plans are co-joined on purpose. He repeated the request for a list of projects and commented on spending$10M in the coming fiscal year on improvement projects. Cr. Cunningham noted the request to move the Fowler Design up to FY 2020 was something that the Community Affordable Housing Advisory Board (CAHAB) has been talking about in their proceedings. Cr. Krauss commented that as we consider the impact of projects and growth we need to have robust conversations with our partners about how to deal with peripheral growth and their contributions. Cr. Pomeroy thanked staff and is glad we have a time cushion for finances. She will support the motion. Mayor Andrus will support the motion. 07:10:31 PM (01:12:17) Vote on the Motion to adopt the Street Impact Fee Fund Capital Improvement Plan(CIP)for Fiscal Years 2020-2024. The motion passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 5. 07:10:44 PM (01:12:30)Ordinance 2012 Provisional Adoption,Affordable Housing Ordinance Zone Text Amendment,Zone Text Amendments Initiated by the City Commission at Request of the Affordable Housing Program Manager and the Community Affordable Housing Advisory Board (CAHAB)to Amend Certain Sections of the Affordable Housing Ordinance 1978 and Codified as Division 38.380,Application 18484(Matsen) 07:11:17 PM (01:13:03)Staff Presentation Community Development Director Marty Matsen presented Ordinance 2012, which is a zone text amendment and update to Section 38.830 of the Unified Development Code (UDC). He entered the staff report and associated materials into the record. Mr. Matsen reviewed the history of the ordinance as well as each section which included updated definitions.The commission asked questions after each section was presented. 07:16:44 PM (01:18:30)Questions of Staff Cr. Cunningham commented on Section 1 of Ordinance 2012 relative to "buyer households" and "affordable to buyer" language and stated that it should always read "buyer household"for consistency. DM Mehl asked about Section 2 and the definition of setting a price affordable to buyers relative to pricing versus eligibility. He asked about fiscal impact relative to changing household occupancy assumptions. Page 7 of 11 Bozeman City Commission Meeting Minutes,November 19,2018 Cr. Pomeroy asked about feasibility of timing for expedited review for affordable housing.She asked if all staff is cross-trained to conduct plan reviews. Cr. Cunningham asked about reduction of the parkland requirement and whether it is anticipated that the majority of affordable housing plans will come in the context of a larger development. He asked if this is a short term fix. DM Mehl asked about incentives to procedural adjustments and subsidies. He asked about discussions with builders to find out if there were any incentives they would like added. DM Mehl asked about the difference in criteria for lower priced homes versus moderate priced homes in Part 6. Cr. Cunningham asked whether Mr. Matsen is willing to accept the responsibility of determining the amount of non-cash subsidy according to the language in Part 6. C. of the ordinance. DM Mehl asked how the appraisal appeal will work relative to fair market value. 07:58:33 PM (02:00:19)Staff Summary Mr. Matsen stated the proposed Ordinance 2012 meets the requirements of the zoning criteria and growth policy. He pointed out the changes presented tonight were also presented to the joint Zoning Commission and Planning Board on October 16, 2018. He stated the Planning Board, Zoning Commission and staff recommend approval of the ordinance. He noted two public comments were received. 07:59:36 PM (02:01:22) Question of Staff Cr. Cunningham pointed out Appendix A references a specific change to the ordinance. He wanted to propose an amendment and wondered how to do that. DM Mehl stated his understanding of a summary relative to procedural adjustments and subsidies for public clarity. He asked what the impact would be in terms of incentives if this were adopted. Cr. Pomeroy asked how many affordable housing units have been provided so far. She talked about needing more units and plans for them. Mayor Andrus asked whether the Community Affordable Housing Advisory Board (CAHAB) had a discussion about this amendment. 08:10:38 PM (02:12:24) Public Comment Mayor Andrus opened public comment. 08:10:48 PM (02:12:34)Greg Stratton, Public Comment Mr. Stratton, a local developer/builder and member of the Community Affordable Housing Advisory Board (CAHAB), disclosed that he has a financial interest in this issue. He talked about a public comment he provided in writing. He talked about a lack of interest in affordable housing on the building side and subsequent low volume. He talked about the AMI percentages. 08:14:40 PM (02:16:26)Patrick Eibs,Public Comment Mr. Eibs, owner of Higher Standard Homes, talked about building plans provided to him by Mr. Stratton for a four-plex project possibly as part of the affordable housing program. He talked about his willingness to produce more of these units and make it work for the community. Page 8 of 11 Bozeman City Commission Meeting Minutes,November 19,2018 08:16:27 PM (02:18:13)Kevin Thane Public Comment Mr.Thane is the current chair of the Community Affordable Housing Advisory Board (CAHAB)and talked about the board's support of this proposal. He talked about what the text amendment change does relative to builders being able to build these houses. He talked about other opportunities for income into the affordable housing fund. 08:18:41 PM (02:20:27)Motion that having reviewed and considered the project materials,public comment,Zoning Commission/Planning Board recommendations, and all the information presented,I hereby adopt the findings presented in the staff report for project 18484 and move to provisionally adopt Ordinance 2012, the Affordable Housing Ordinance zone text amendment. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd 08:19:12 PM (02:20:58) Discussion Cr. Cunningham gave context to this being a stop gap or short term fix to the affordable housing section of the Unified Development Code (UDC). He talked about the inconsistencies found in the ordinance and this review process encompassing input from the development community, Community Affordable Housing Advisory Board (CAHAB) and staff. Cr. Pomeroy hopes these changes encourage the developers and home builders to provide affordable housing. 08:23:25 PM (02:25:11)Amendment to the Motion to adopt an amendment that would provide incentives currently available for homes priced at 70%of Area Median►ncome to homes priced at 80% of Area Median Income. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd 08:23:51 PM (02:25:37) Discussion DM Mehl expressed his interest in moving forward with this approach and taking the fiscal risk to have more success. He talked about making builders more aware of this program. Cr. Krauss believes it is more important to concentrate on rentals with our work force housing levy. He would like to see if we can incentivize a few more affordable houses to be built. Cr.Cunningham talked about the results because of the ordinance relative to cash-in-lieu funds going into affordable housing. He stated this is another tool to be successful and get these units on the ground. Mayor Andrus will support the amendment and stated getting more homes built is the ultimate goal. 08:33:25 PM (02:35:11) Vote on the Amendment to adopt an amendment that would provide incentives currently available for homes priced at 70%of Area Median Income to homes priced at 80% of Area Median Income. The motion passed 5-0. Page 9 of 11 Bozeman City Commission Meeting Minutes, November 19,2018 Deputy MaVor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve DeputV Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho PomeroV:Approve Commissioner-Terry Cunningham:Approve 08:33:49 PM (02:35:35) Vote on the Amended Motion that having reviewed and considered the project materials,public comment,Zoning Commission/Planning Board recommendations, and all the information presented, I hereby adopt the findings presented in the staff report for project 18484 and move to provisionally adopt Ordinance 2012, the Affordable Housing Ordinance zone text amendment that would provide incentives currently available for homes priced at 70%of Area Median Income to homes priced at 80%of Area Median Income. The motion passed 4-1. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve J. 08:34:06 PM (02:35:52) FYI/Discussion • DM Mehl reviewed calendar items for the public. He announced the joint meeting of the Zoning Commission and Planning Board tomorrow night at 7:00 PM in the Commission Room to talk about the Neighborhood Conservation Overlay District (NCOD) and Community Plan update. He mentioned a community meeting at the library on Thursday, November 29, 2018 at 7:00 PM to talk about the Community Plan. K. 08:35:20 PM (02:37:06)Adjournment Mayor Andrus adjourned the meeting at 8:35 PM. Cynthia L.Andrus Mayor Page 10 of 11 Bozeman City Commission Meeting Minutes, November 19, 2018 ATTEST: ; *�., �� ■ Robin Crough ;; •� : City Clerk �a3 . • , TIN CO "% PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: �L-CW��2�r l(7 -5b1.9 Page 11 of 11