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HomeMy WebLinkAbout01-28-19 City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,January 28,2019 AGENDA ORDER MODIFIED DURING MEETING. ITEMS REMAIN NUMBERED AS ORIGINALLY NOTICED. Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner-I-Ho Pomeroy: Present Commissioner-TerryCunningham: Present Staff Present at the Dais:City Manager(CM)Andrea Surratt,City Attorney(CA) Greg Sullivan, City Clerk Robin Crough,Assistant City Manager(ACM)Chuck Winn,Assistant City Manager(ACM)Anna Rosenberry, Finance Director(FD) Kristin Donald,Water Conservation Specialist(WCS)Jessica Ahlstrom A. 06:00:00 PM (00:04:37)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. 06:00:08 PM (00:04:45) Pledge of Allegiance and a Moment of Silence C. 06:00:49 PM (00:05:26)Changes to the Agenda • Mayor Andrus requested moving the board appointments before action item 2. • CM Surratt stated a break will be needed for the policy discussion to set a table up prior. D. 06:01:46 PM (00:06:23) FYI • Cr. Cunningham provided an update of the affordable housing needs assessment and working group, and discussed a need to fund this contract further. E. 06:04:45 PM (00:09:22)Commission Disclosures • DM Mehl and Cr. Cunningham met with an individual involved with action item 2, but this item was not discussed. • Cr. Pomeroy stated one of the Riverside representatives are both in Sunrise Rotary, and he was her former campaign treasurer. DM Mehl stated he was also in the Sunrise Rotary group. Page 1 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 F. 06:05:46 PM (00:10:23)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) a 2. Appoint a Sub-Committee of Two Commissioners to Review Depository Bonds and Pledged Securities as of December 31,2018(Clark)7~ Ca 3. Authorize the City Manager to Sign the Application for Federal Assistance SF-424 with the Environmental Protection Agency (EPA)for a Fiscal Year 2019 Community-Wide Brownfields Assessment Grant Proposal (Fine) ',_.4z 4. Authorize the City Manager to Sign an Access Easement and Temporary Public Street Easement with Taylor Properties, Inc. for Sidewalk Installation and a Vehicle Turnaround for the Lincoln Street Apartments Project(Nielsen) L!!. 5. Authorize the City Manager to Sign a Public Street and Utility Easement with Cattail Investments II, LLC for the Creekside Apartments Phase 2 Project(Nielsen) .a 6. Authorize the City Manager to Sign Temporary Construction Permits with Kardar, LLC, The Blackleaf Group, LLC, and Bozeman High School District Number 7 for Improvements to Cottonwood Road between Durston Road and Babcock Street(Murray) r a 7. Resolution 5001, the 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment Amending the Future Lane Use Map from Residential and Present Rural to Community Commercial Mixed Use and Residential Emphasis Mixed Use, Application 18450 (Garber)"° G� 8. Resolution 5002, Requesting Distribution of Bridge and Road Safety and Accountability Program Funds(Donald) ' a 9. Resolution 5010,Authorizing the City Manager to Sign Change Order Number 3 with Williams Brother Construction,LLC for the Water Reclamation Facility(WRF)Small Works Construction Project(Heaston) ~'a 06:05:51 PM (00:10:28)City Manager Overview CM Surratt provided the highlights of the consent agenda. 06:07:30 PM (00:12:07) Public Comment There was no public comment. 06:07:44 PM (00:12:21)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 Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Page 2 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve G. 06:08:02 PM (00:12:39) Public Comment Mayor Andrus opened public comment. 06:08:50 PM (00:13:27)Dave Weiss Public Comment Mr. Weiss discussed the possibility of lifting restrictions of using some alcohol licenses in the downtown/midtown area when in the vicinity of a school/church. He asked the commission to revisit this issue. H. 06:11:59 PM (00:16:36)Action Items 1. 06:12:02 PM (00:16:39) Resolution 4972, Stating Conditions Necessary for the City Commission to Consider Annexation of Property Located within the Riverside Water and Sewer District(Winn)7.a 06:12:26 PM (00:17:03)Staff Presentation ACM Chuck Winn discussed setting guidelines and framing the discussion for a successful annexation of the Riverside Water and Sewer District. He discussed the location of the district,the background of the issue,annexation procedures,what happens upon annexation, miscellaneous additional issues for future consideration, and unique circumstances for this issue. 06:26:24 PM (00:31:01)Questions of Staff/Applicant Cr. Pomeroy asked what Riverside would get out of this,and if they would provide their own water in the future,and the specifics of water rights.She asked if we would assume the debt of Central Valley Fire.She asked about annexation of the golf course. Cr.Cunningham asked about what direction ACM Winn needs from the commission, and asked about whether there is problematic water discharge at this time, and he asked about the possibility of a return loop of treated water. City Engineer Shawn Kohtz discussed the benefits of the water reuse. He asked about what it would take to bring the streets up to city standards. He asked CA Sullivan if the City or District is responsible for any DEQ violations. He also asked about parkland in the district.CA Sullivan stated this situation is different as annexation petitions usually come from property owners themselves, which is doesn't necessary expect with this. DM Mehl asked what happens to the lagoon, he asked further about water violations, he asked about costs and payment options,what would trigger infrastructure improvements being built, and whether water meters will be required. Cr. Krauss asked how the city finds out about sump pumps wired to city services. Mayor Andrus asked if recent discussions have significantly changed the resolution in front of them today. Gene Gaines,with the Riverside District, discussed suggested changes that were accommodated. He also thanked staff for being so helpful and accommodating. Page 3 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 06:57:15 PM (01:01:52) Public Comment Mayor Andrus opened public comment. 06:57:40 PM (01:02:17)Gene Gaines,Public Comment Mr. Gaines spoke about the Trout Unlimited request to reloop used water on the golf course. 06:59:29 PM (01:04:06)Patrick Wyerth,Public Comment Mr.Wyerth,with.Trout Unlimited,discussed Riverside's discharge violation, and the importance of alleviating the problem long-term. 07:02:45 PM (01:07:22) Guy Elstintzer,Public Comment Mr. Elstintzer,with the Upper Missouri Water Keeper non-profit, expressed similar concerns to Trout Unlimited's,specific to violations and the importance of future solutions. 07:05:55 PM (01:10:32)Motion to adopt Resolution 4972 and direct staff to work with the appropriate parties to initiate and complete the Riverside Annexation. Commissioner-I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd 07:06:12 PM (01:10:49) Discussion Cr. Pomeroy supports this and thinks this is worthwhile to pursue. Cr.Cunningham stated this has come up because the DEQ violations have brought the issue forward, and discussed future options for the district. 07:11:29 PM (01:16:06)Amendment to the Motion that this agreement not preclude the possibility of eventually Bozeman's[Water]Reclamation Facility rerouting treated affluent to the Riverside general area for land application. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:11:52 PM (01:16:29) Discussion DM Mehl stated this is a request of staff on the record. Cr. Krauss stated this says the unsaid in the agreement. He represents those in the city,so he has no way of forcing the Country Club to do this. Cr.Cunningham stated this presents an opportunity that could be used to benefit in the future. Mayor Andrus thinks it's wise to leave the option open. 07:17:39 PM (01:22:16) Vote on the Amendment to the Motion that this agreement not preclude the possibility of eventually Bozeman's[Water]Reclamation Facility rerouting treated affluent to the Riverside general area for land application. The amendment passed 5-0. Page 4 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 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 07:17:53 PM (01:22:30) Discussion Continued DM Mehl stated now is the time to act, and that this is the offer. Cr. Krauss discussed the conditions of infrastructure, he expressed concern regarding water meters and sump pumps. He stated if folks want to annex,they will be welcome. Cr. Pomeroy thanks those for solving this problem. Mayor Andrus associated herself with prior comments,and discussed the many reasons to annex. 07:27:59 PM (01:32:36) Vote on the Motion to adopt Resolution 4972 and direct staff to work with the appropriate parties to initiate and complete the Riverside Annexation. 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 2. 07:28:12 PM (01:32:49) NW Corner of Cottonwood and Oak Annexation and Initial Zone Map Amendment of Approximately 160 Acres with a Zoning Designation of B-2M, Community Business District-Mixed, and REMU, Residential Emphasis Mixed Use, Located at 5250 Baxter Lane,Application 18490(Garber)7 3 07:28:44 PM (01:33:21)Staff Presentation Assistant Planner Danielle Garber discussed the subject property location,the proposed zoning, MCA zoning criteria of evaluation, existing volume and capacity ratios,transportation projects in close vicinity,the City's annexation goals and policies,there has been no public comment,the Zoning Commission, Development Review Committee, and staff recommend approval. 07:38:21 PM (01:42:58)Questions of Staff Mayor Andrus asked for more clarification on whether there are wastewater issues with this application. Engineer Griffin Nielsen responded in detail. Cr. Cunningham asked where the nearest commercial nodes are, he asked about the primary and Page 5 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 secondary zoning designations. Cr. Pomeroy asked how much this will cost the city. Cr. Krauss asked about the timing of the interceptor and the Davis lift station, and if they have to be finished before the high school can open. 07:49:34 PM (01:54:11)Applicant Presentation Greg Stratton,with Kilday-Stratton, discussed the project location, how they would address wetlands, the growth policy designation, proposed zoning, disagreement with staff on two of the criteria,and what they like about the combination of this zoning. He provided pictures of lifestyle shots and housing types that would be possible. 07:56:21 PM (02:00:58) Public Comment There was no public comment. 07:56:34 PM (02:01:11)Motion that having reviewed and considered the staff report,application materials,public comment,and all information presented,I hereby adopt the findings presented in the staff report for application 18490 and move to approve the NW Corner of Cottonwood and Oak Annexation with recommended terms of annexation,and direct staff to prepare an annexation agreement for signature by the parties. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 07:57:04 PM (02:01:41) Discussion Cr.Cunningham made findings regarding the annexation goals and priorities. He discussed annexations and zone map amendments as public discussion of growth. DM Mehl supports the annexation. Cr. Krauss generally supports annexation when requested, including here. Cr. Pomeroy agrees with staff's findings,and supports the annexation. Mayor Andrus agrees with staffs findings and also supports the annexation. 08:05:13 PM (02:09:50) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment, and all information presented,I hereby adopt the findings presented in the staff report for application 18490 and move to approve the NW Corner of Cottonwood and Oak Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 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 Page 6 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 Commissioner-I-Ho Pomeroy:Approve Commissioner-TerrV Cunningham:Approve 08:05:28 PM (02:10:05) Motion that having reviewed and considered the staff report, application materials,public comment, recommendation of the Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application 18490 and move to approve the NW Corner of Cottonwood and Oak Zone Map Amendment, with contingencies required to complete the application processing. Commissioner-TerrV Cunningham: Motion DeputV Mayor-Chris Mehl: 2nd 08:05:50 PM (02:10:27) Discussion Cr. Cunningham made specific favorable findings. DM Mehl supports the motion,and that this increases density on arterial roads. He found the zoning appropriate. Cr. Krauss noted this area will soon be well within the city limits, and the importance of intentional zoning in areas like this. Cr. Pomeroy spoke of the opportunity of having residential and business together. Mayor Andrus supports this zoning at this location. 08:13:34 PM (02:18:11) Vote on the Motion that having reviewed and considered the staff report, application materials,public comment,recommendation of the Zoning Commission and all information presented,I hereby adopt the findings presented in the staff report for application 18490 and move to approve the NW Corner of Cottonwood and Oak Zone Map Amendment, with contingencies required to complete the application processing. The motion passed 5-0. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve DeputV Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 08:13:46 PM (02:18:23) Recess Mayor Andrus called commission into recess until 8:30 PM. 08:26:16 PM (02:30:53)Call to Order Mayor Andrus called the meeting back to order at 8:26 PM. 4. 08:26:19 PM (02:30:56) Appointment to the Bozeman Beautification Advisory Board (BBAB) Page 7 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 (Sweeney) = 4z 08:26:26 PM (02:31:03) Public Comment There was no public comment. 08:26:35 PM (02:31:12)Motion and Vote to appoint Tanya Cunningham to the[Bozeman Beautification Advisory]Board to a term ending June 30,2020. The motion passed 5-0. Deputy Mavor-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 5. 08:26:56 PM (02:31:33) Appointment to the Bozeman Historic Preservation Advisory Board (BHPAB) (Sweeney) ,- a 08:26:59 PM (02:31:36) Public Comment There was no public comment. 08:27:09 PM (02:31:46)Motion and Vote to appoint Samantha Fox to the Bozeman Historic Preservation Advisory Board[to an At-Large position with a term ending June 30,2020]. The motion passed 5-0. Commissioner-Jeff Krauss: 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 6. 08:27:30 PM (02:32:07)Appointment(s)to the City Planning Board (Sweeney) '.a 08:27:32 PM (02:32:09) Public Comment There was no public comment. 08:27:40 PM (02:32:17)Motion and Vote to appoint George Thompson, Mark Egge, and Cathy Costakis to the City Planning Board to City Commission Appointment positions expiring on January 31,2021. Page 8 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 The motion 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 7. 08:28:06 PM (02:32:43)Appointment to the Fire Code Board of Appeals(Sweeney)1tH 08:28:11 PM (02:32:48) Public Comment There was no public comment. 08:28:18 PM (02:32:55)Motion and Vote to appoint Brenda York[to the Fire Code Board of Appeals with a term ending December 31,2021.]The motion 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 3. 08:28:42 PM (02:33:19)Water and Wastewater Rate Study Work Session (Donald) _.a 08:29:26 PM (02:34:03) Procedure/Questions Mayor Andrus noted the process for this work session. Cr. Krauss asked for this to be presented as to how it will look on a bill. 08:31:39 PM (02:36:16)Staff Presentation ACM Rosenberry discussed the topic and when rates are updated.Shawn Gaddie with AE2S stated there are policy issues that he's looking for direction on tonight.WCS Ahlstrom discussed the possibility of a conservation-based rate structure and plans that support this. Mr. Gaddie discussed the water rate design and tiers in great detail. He discussed a water sales/revenue forecast for each alternative proposed. He discussed drought surcharge rates and drought reserve funding. He discussed the cost of service analysis. 09:32:51 PM (03:37:28) Questions/Discussion Page 9 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 Mayor Andrus asked what could potentially impact the cash reserves. Cr. Pomeroy asked if the existing structure is encouraging conservation. DM Mehl asked about the average water use and share of homes.Senior Engineer Brian Heaston clarified. Cr. Krauss asked about winter vs. summer quality of life usages. 10:01:42 PM (04:06:19) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. 10:01:47 PM (04:06:24) Questions/Discussion Continued DM Mehl asked if the city was open to having a different rate in summer vs.winter. Cr.Cunningham asked how quickly the public reacts to pricing signals and when they're billed. He asked about summer consumption. The commission discussed moving alternative 2 to 8 in tier 1. Cr.Cunningham asked how often droughts happen. He asked about the drought cap on bills. He asked about the benefit of classes over volumetric surcharge. He asked if the options could be priced for the future. Mayor Andrus asked Mr. Godde to give the commission the question he needs answered most. DM Mehl stressed the importance of reaching the revenue target. Cr. Krauss is comfortable with seeing alternatives, but errs towards alternative 3. He noted lot sizes have decreased. Cr.Cunningham is not interested in alternative 1. Cr. Krauss stated options with red will likely not be supported. CM Surratt stated alternative 3 is the most aggressive, but meets their concerns. DM Mehl wants to know how many people are affected by this. He asked why this can't apply to commercial. 10:32:32 PM (04:37:09) Meeting Extended Mayor Andrus extended the meeting to 10:45 PM. 10:32:37 PM (04:37:14) Questions/Discussion Continued The commission and staff discussed adding commercial and how/whether to attempt to incorporate this. Cr.Cunningham asked about the 25%cap for drought reserve funding.The commission provided direction for the drought reserve funding. DM Mehl asked what the reserve funding policies will increase on bills. 10:48:06 PM (04:52:43) Meeting Extended Mayor Andrus extended the meeting to 10:55 PM. 10:48:11 PM (04:52:48) Questions/Discussion Continued The commission discussed the cost of service analysis. Page 10 of 11 Bozeman City Commission Meeting Minutes,January 28,2019 Cr. Krauss stated utilities should not subsidize general government. I. 10:54:42 PM (04:59:19) FYI/Discussion • Cr. Cunningham asked about further funding the affordable housing contract. • Cr. Krauss stated he was interested in Mr. Weiss's public comment. J. 10:56:51 PM (05:01:28)Adjournment Mayor Andrus adjourned the meeting at 10:56 PM. Cynthia .Andrus Mayor ATTEST: V B 0Z 0 cL7�• - „�, • N ..�.� +�+ Robin Crough U • e,"lti; �. ■ * : City Clerk * • r - •Z 188 ++a �2'IN CO•S'� PREPARED BY: Robin Crough City Clerk Approved on: P7&�y[A� Page 11 of 11