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Home My WebLink About12-10-18 City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 10,2018 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 VIDEO AND AUDIO RECORDING BEGIN AT AGENDA ITEM D. A. 05:01:00 PM Call to Order—5:00 PM—EARLY START TIME-Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 5:01 PM. B. 05:01:30 PM Changes to the Agenda There were no changes to the agenda. C. 05:02:00 PM Executive Session—Madison Room, City Hall, 121 North Rouse 1. City Manager Annual Performance Evaluation Mayor Andrus stated this is the City Manager's performance evaluation, and pursuant to Section 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. Mayor Andrus closed the meeting. A separate set of minutes has been prepared for the Executive Session. D. 06:36:33 PM (00:00:23) Call Back to Order (estimated 6:00 PM)—Commission Room, City Hall, 121 Page 1 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 North Rouse Mayor Andrus called the meeting back to order at 6:36 PM. E. 06:36:43 PM (00:00:33) Pledge of Allegiance and a Moment of Silence F. 06:37:28 PM (00:01:18) FYI • Cr. Pomeroy stated that today she and DM Mehl attended a Gallatin County Mental Health Advisory Council meeting that concluded mental health issues are growing as the community grows. • Mayor Andrus stated that they will be eating dinner during the meeting. G. 06:38:44 PM (00:02:34)Commission Disclosures There were no commission disclosures. H. 06:38:48 PM (00:02:38) Minutes 1. Approve the Regular Meeting Minutes from November 5, November 19, and November 26, 2018, and User Access to Linked Minutes (Crough), a 06:38:52 PM (00:02:42)Motion and Vote to approve the City Commission minutes from November 5, November 19, and November 26,2018 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Deputy MaVor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy MaVor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho PomeroV: Approve Commissioner-TerrV Cunningham:Approve I. 06:39:13 PM (00:03:03)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)" a 2. Approve the Annual Beer,Wine,or Liquor License Renewals for Calendar Year 2019(Portnell) 3. Ratify the City Manager's Approval of an On-Premises Beer and Wine License for Thai Basil, LLC of Bozeman, Montana to Sell Beer and Wine at 1805 West Oak Street, Suite 1, for the Remainder of Calendar Year 2018 and Calendar Year 2019 (Portnell)7 a 4. Adopt the Building Inspection Fund Capital Improvement Plan(CIP)for Fiscal Years 2020-2024 (Donald) ^ a 5. Adopt the Community Development Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024(Donald) .7 a Page 2 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 6. Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024 (Donald) .a 7. Adopt the Public Works Administration Internal Service Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024(Donald) t� 8. Authorize the City Manager to Sign a Grant Agreement with Gallatin Mental Health Center (GMHC)for General Funding(Donald) P 9. Authorize the City Manager to Sign a Grant Agreement with HAVEN for General Funding (Donald) --_a 10. Authorize the City Manager to Sign a Grant Agreement with Human Resources Development Council of District IX, Inc. (HRDC)for General Funding(Donald) 11. Authorize the City Manager to Sign a Grant Agreement with Human Resources Development Council of District IX, Inc. (HRDC)for Streamline Funding(Donald) C= 12. Authorize the City Manager to Sign Amendment Number 1 to the Purchase Agreement with Neo Solutions, Inc. for the Purchase of Polymer at the Water Reclamation Facility (Radcliffe) ti.a 06:39:19 PM (00:03:09) City Manager Overview CM Surratt provided the highlights of the consent agenda. 06:39:57 PM (00:03:47) Public Comment There was no public comment. 06:40:08 PM (00:03:58)Motion and Vote to approve Consent Items 1-12 as submitted. The motion passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve J. 06:40:24 PM (00:04:14) Public Comment Mayor Andrus opened public comment. 06:41:13 PM (00:05:03)Steve Titus,Public Comment Mr.Titus is involved in tonight's ADU project, and the students and Planning Department did a great job. He asked the City to keep an open mind about ADUs downtown to let them get closer to the alley. 06:42:59 PM (00:06:49)Emily Talego, Public Comment Ms.Talego stated this project showed how she can remain on her property in an ADU,and rent her Page 3 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 home to a family. K. 06:45:16 PM (00:09:06)Special Presentation 1. Montana State University and City of Bozeman Accessory Dwelling Unit Design Project - Student Final Design Presentation (Johnson) 06:45:30 PM (00:09:20)Special Presentation Senior Planner Courtney Johnson provided some background of the presentation. She discussed the full process the students went through with designing accessory dwelling units with the city. Planner Danielle Garber discussed the next steps of the project. Student Jimmy Brown discussed issues his group ran into, including the height restriction. He discussed waiving impact fees for ADUs.The cost of their ADU came out to$308,000, but it could be dropped substantially. Student Chandler Mitchell noted that parking was a difficulty.Their ADU cost$286,000 with a greenhouse addition.Student James Blonde reiterated that the height limit was the most restricting,which made it very expensive. 06:58:53 PM (00:22:43) Questions/Comments Cr. Krauss asked if the height requirements were for single-floor lots. He noted other governments are looking at some of the issues discussed tonight. DM Mehl thanked the students for working on this project. Cr. Pomeroy thanked the students and professors and staff for their creativity and the contribution towards affordable housing. Cr.Cunningham thanked staff and the contractors for taking the time to do this. He asked for an example of how a homeowner vision impacted their final design. He asked how much focus was put on harmony with the primary unit. He asked how the NCOD/budget/etc. limit or enhance their ability to incorporate sustainability. He asked staff what their key takeaways were. Mayor Andrus thanked those who participated.She asked about the cost estimates and how the costs accumulated. Cr. Krauss referenced Frog Rock Design as a local company very interested in ADUs. L. 07:16:18 PM (00:40:08)Action Items 1. 07:16:20 PM (00:40:10) Blackmore Marketplace Zoning Variance to the Concurrent Construction Procedures, Located at 1324 East Main Street, Southeast Corner of Highland Boulevard and East Main Street,Application 18509 (Quasi-Judicial) (Krueger), Czj 07:16:52 PM (00:40:42)Staff Presentation Development Review Manager Brian Krueger discussed the zoning variance at Blackmore Marketplace. The applicant is requesting to occupy the building without the improvements of the building being complete. No public comment has been received, criteria have been met, and staff recommends approval with conditions as presented. Page 4 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 07:30:03 PM (00:53:53) Questions of Staff Cr. Pomeroy asked about the reasons for delay in development.She asked if they are willing to do the remaining agreements and if that can be guaranteed. Cr. Cunningham asked about the East Main and Haggerty turn movements. He asked for clarity on which improvements have been completed. He asked about the temporary slurry referenced in the staff report. Cr. Krauss asked if there was a reason August 15`was chosen. DM Mehl confirmed that the parking lot will be completed even if the buildings are not. He asked if Mr. Krueger agrees with the property owner's evidence of undue treatment by MDT. He asked what happens if the deadline isn't met. He asked how far out in distance notices were sent for this project. Mayor Andrus asked if there was thought given to not opening the Highland entrance during this time. She asked if porkchops and delimiters actually work. 07:46:47 PM (01:10:37)Applicant Presentation Don Cape,Jr.with East Main Investments discussed the history of this development and the challenges they experienced. He discussed the precedent set by this action. He asked for some mechanism to increase the cost share of the intersection with future projects. 07:53:48 PM (01:17:38) Questions of Staff Cr. Pomeroy asked if city staff was helpful. Cr. Krauss asked if he is certain they can meet the August 1"deadline. He asked if he was asking for impact fee credits. DM Mehl asked if he has seen and agrees with the staff report. Mayor Andrus asked his thoughts about closing the Highland entrance. 07:59:41 PM (01:23:31) Public Comment There was no public comment. 08:00:00 PM (01:23:50)Questions of Staff Cr. Krauss asked if we've considered the impact fee credits or payback district. CM Surratt stated it's not the only solution, but staff needs to have time to discuss this since it's such a critical intersection. Mayor Andrus asked what the policy on payback districts when it comes to intersections. DM Mehl asked if tonight's action can only be regarding the variance. 08:04:25 PM (01:28:15)Motion that having reviewed and considered the application materials,public comment, and all the information presented,l hereby adopt the findings presented in the staff report for application 18509 and move to approve the Blackmore Marketplace Zoning Variance with conditions and subject to all applicable code provisions. Commissioner-I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd Page 5 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 08:04:51 PM (01:28:41) Discussion Cr. Pomeroy discussed her findings as to why she supports the motion and variance. Cr. Cunningham discussed the challenges the applicant has experienced with the process. He did find that hardship was met, and adopted the findings of the staff report. Cr. Krauss stated this comes from a trusted community investor and a business with a valuable history in Bozeman. He's stated the hospital has missed some responsibility in infrastructure, and hoped there could be some relief found for him. He also adopted the findings of the staff report. DM Mehl supports the motion and agrees with the criteria and conditions. Mayor Andrus supports the motion and agrees with the hardship stated. 08:17:54 PM (01:41:44) 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 18509 and move to approve the Blackmore Marketplace Zoning Variance with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner- I-Ho Pomeroy: 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 08:18:08 PM (01:41:58) Recess Mayor Andrus called the commission into recess until 8:25. 08:26:03 PM (01:49:53)Call to Order Mayor Andrus called the meeting to order at 8:26 PM. 2. 08:26:08 PM (01:49:58) General Fund Capital Improvement Plan (CIP) for Fiscal Years 2020- 2024(Donald), a 08:26:22 PM (01:50:12)Staff Presentation CM Surratt discussed the CIP process. Finance Director Kristin Donald discussed the funding strategies proposed for the plan.Three different plans are proposed for the Parks Maintenance District creation. Plan B is the recommended plan, pushing the district creation back a year.She noted individual projects bumped back to make Plan B work. 08:34:49 PM (01:58:39)Questions of Staff Mayor Andrus asked for further clarification between Plan A and Plan B. Cr. Cunningham asked about the Veteran's Cemetery cost in FY24. Parks and Cemetery Superintendent Thom White responded. He asked about the tradeoff of turf vs. machinery upkeep. He asked about the difficult decisions of Plan A vs. Plan B. He asked about the city hall expansion project. He asked about Page 6 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 the options and timeframes for putting a parks maintenance district before the voters. He asked about the capacity of staff related to the proposed timelines. He asked about other projects that would need to go to the voters for bonding. Cr. Pomeroy asked about a few vehicle replacements. Mayor Andrus asked IT Director Scott McMahan about computer replacements in FY20. She asked what the Human Resources applicant tracking system. Cr. Cunningham asked about the delayed police items. 08:58:13 PM (02:22:03) Public Comment Mayor Andrus opened public comment. 08:58:31 PM (02:22:21)Pat Martin Public Comment Mr. Martin requested the Story Mill surface be replaced sooner than Plan B, as they need playable surfaces indoors for pickleball. He discussed the importance of pickleball. 09:01:46 PM (02:25:36)Clarifications from Staff CM Surratt stated that there is some available conduit, and that$25,000 to put back in for FY21 will be okay,she recommends FY272,the site security locks moving to FY22 and possibly a non-patrol vehicle. 09:03:39 PM (02:27:29)Motion to adopt the General Fund Capital Improvement Plan(CIP)for Fiscal Years 2020-2024 as presented under Plan B. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd 09:03:52 PM (02:27:42) Discussion Cr.Cunningham thanked staff for providing options. He respects the fact that the city manager has requested a year delay. 09:06:30 PM (02:30:20)Amendment to the Motion to eliminate$15,000 from GF272 in FY211 and eliminate GF293$15,000 in FY20,and add$30,000 into FY21 for fiber optic. Deputy Mayor-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd 09:10:11 PM (02:34:01)Questions of Staff DM Mehl asked for clarification if the intent is to eliminate, delay,or switch years.Assistant City Manager Anna Rosenberry worked through the proposal. 09:10:16 PM (02:34:06)Amendment to the Amendment to the Motion to take$30,000 from fiber optic in FY22 and put it into FY21,so it would be$30,000 in FY21 and$20,000 in FY22, and push GF272 into FY22. Page 7 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 DeputV Mayor-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 09:11:04 PM (02:34:54) Discussion DM Mehl discussed how this provides consistency for broadband funding. Mayor Andrus discussed the importance of funding fiber optics. 09:12:22 PM (02:36:12) Vote on the Amendment to the Amendment to the Motion to take$30,000 from fiber optic in FY22 and put it into FY21,so it would be$30,000 in FY21 and$20,000 in FY22, and push GF272 into FY22. The amendment passed 5-0. DeputV Mayor-Chris Mehl: Motion Commissioner- 1-Ho Pomeroy: 2nd MaVor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho PomeroV:Approve Commissioner-TerrV Cunningham:Approve 09:12:52 PM (02:36:42) Vote on the Amendment to the Motion as Amended to^►:Y...:.ate t, 999 a9M to take $30,000 from fiber optic in FY22 and put it into FY21,so it would be$30,000 in FY21 and$20,000 in FY22, and push GF272 into FY22. The amendment passed 4-1. DeputV MaVor-Chris Mehl: Motion Commissioner- I-Ho PomeroV: 2nd Mayor-Cynthia Andrus:Approve DeputV Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho PomeroV:Approve Commissioner-Terry Cunningham:Approve 09:13:26 PM (02:37:16) Discussion Continued DM Mehl discussed the necessity of a Parks Maintenance District. Mayor Andrus also supports the motion. Cr. Krauss thanked the public for the public asking about pickleball. 09:16:10 PM (02:40:00) Vote on the Motion as Amended to adopt the General Fund Capital Improvement Plan(CIP)for Fiscal Years 2020-2024 as presented under Plan B,and taking$30,000 from fiber optic in FY22 and put it into FY21,so it would be$30,000 in FY21 and$20,000 in FY22, and push GF272 into FY22. The motion passed 4-1. Page 8 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve DeputV Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 3. 09:16:25 PM (02:40:15) City of Bozeman Strategic Plan Update(Surratt) M a 09:17:41 PM (02:41:31)Staff Presentation CM Surratt presented the 2018 strategic plan update.She discussed the seven priorities in detail.She discussed a dashboard that will be used to demonstrate progress on the strategic plan. 09:33:32 PM (02:57:22) Questions of Staff Cr. Cunningham asked about the 70 action items listed in the strategic plan, and whether some of the smaller ones are being completed. 09:35:47 PM (02:59:37) Comments Cr.Cunningham noted how many things are going on in the City,and noted the accomplishments made. Cr. Pomeroy asked if the 7 priorities are still reasonable expectations. Mayor Andrus stated that discussing accomplishments is valuable. M. 09:43:04 PM (03:06:54) FYI/Discussion • Mayor Andrus noted the Executive Session earlier in the evening, and that CM Surratt will be returning tomorrow. N. 09:43:22 PM (03:07:12)Adjournment Mayor Andrus adjourned the meeting at 9:43 PM. Cynthia L.Andrus Mayor Page 9 of 10 Bozeman City Commission Meeting Minutes,December 10,2018 ATTEST: V B r •^�,O f f � f f f ,�_•� Robin Crough `j: !'� � :��= City Clerk 1883 .•'�$, PREPARED BY: 64,��4 1� Robin Crough City Clerk Approved on: J�,r1�i pi,G1 -i Page 10 of 10