HomeMy WebLinkAbout02-25-19 City Commission Minutes scr'r�_C8
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, February 25,2019
Mayor-CVnthia Andrus: Present
Deputy Mayor-Chris Mehl: Present
Commissioner-Jeff Krauss: Present
Commissioner- I-Ho PomeroV: Present
Commissioner-TerrV Cunningham: Present
Staff Present at the Dais:City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, Deputy
City Clerk Brenda Sweeney
A. 06:00:00 PM (00:00:54)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. 06:00:13 PM (00:01:07) Pledge of Allegiance and a Moment of Silence
C. 06:00:53 PM (00:01:47)Changes to the Agenda
There were no changes to the agenda.
D. 06:01:27 PM (00:02:21) FYI
• Cr. Cunningham noted that the Inter Neighborhood Council (INC) held a retreat last week and
made good progress.
• Cr. Cunningham expressed appreciation to members of the commission who traveled to Helena
to support the legislative agenda.
E. 06:02:17 PM (00:03:11)Commission Disclosures
There were no commission disclosures.
F. 06:02:24 PM (00:03:18)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)7 a
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Bozeman City Commission Meeting Minutes,February 25,2019
2. Ratify the Grant Application Submittal and Authorize the Mayor to Sign the Certified Local
Government Grant with the Montana State Historic Preservation Office for the 2019-2020
Certified Local Government Program (Gonzalez) a
3. Authorize the City Manager to Sign an Overhang Electric Powerline Easement with
Northwestern Corporation dba Northwestern Energy for Construction of the Montana
Department of Transportation Widening of the Intersection of Rouse Avenue and Tamarack
Street(Gamradt), t5
4. Authorize the City Manager to Sign a Sanitary Sewer and Access Easement and Agreement
with Great Northwest Construction, Inc. for the Modification to the Site Plan for Audrey's
Pizza on North 7th Avenue (Nielsen), 0
5. Authorize the City Manager to Sign a Construction Agreement with Ingram-Clevenger, Inc.for
Construction for the Bozeman Public Library Resource Hub (Gregory)7�0
6. Authorize the City Manager to Sign a Construction Agreement with Lutey Construction, The
Craftsman, Inc. for the Remodel of the Streamline Bus Waiting Area into Offices for the
Parking Division and Waiting Area and Public Restroom for Streamline(Winn) 7, P
7. Authorize the City Manager to Sign a Software Subscription and Services Agreement with
Granicus, LLC for Meeting Management Software (Crough), a
8. Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering
for the Davis Lane Lift Station and Norton Sewer Project(Murray)"� a
9. Authorize the City Manager to Sign Task Order Number 4 with Sanderson Stewart for the
Right-of-Way Acquisition Project for the Davis Lane Lift Station Project(Murray) ^ a
10. Resolution 5023, Adding a Representative of the Human Resource Development Council
District IV, Inc. (HRDC) as an Ex-Officio Member of the Community Affordable Housing
Advisory Board (CAHAB) (Winn)7,G
06:02:28 PM (00:03:22) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:04:00 PM (00:04:54) Public Comment
There was no public comment.
06:04:10 PM (00:05:04)Motion and Vote to approve Consent Items 1-10 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
Commissioner- I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham:Approve
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Bozeman City Commission Meeting Minutes,February 25,2019
G. 06:04:29 PM (00:05:23) Public Comment
Mayor Andrus opened public comment.
06:05:14 PM (00:06:08) Carl Anderson, Public Comment
Mr.Anderson is with an organization called MontPIRG(Montana Public Interest Research Group),a mostly
student run non-partisan organization. Mr. Anderson talked about a suggestion from the community to
set up a student liaison program with the commission to foster conversations between the Bozeman
Community and MSU.
H. 06:06:35 PM (00:07:29)Special Presentation
1. 06:06:41 PM (00:07:35)State of the Court(Herrington/Seel)
CM Surratt announced that Judge Seel was not able to attend tonight, and this item will be
rescheduled on an upcoming agenda.
2. 06:07:15 PM (00:08:09) Neighborhoods Program Update (Andreasen)
06:07:41 PM (00:08:35) Presentation
Neighborhoods Coordinator Tanya Andreasen, presented an update on the Neighborhoods Program.
She talked about programs and activities over the last year as well as what is on the horizon.
06:27:31 PM (00:28:25)Questions
Cr. Krauss asked about geography statistics. He talked about his concern over concentrating on a few
neighborhoods. He talked about rentals versus ownership in the neighborhood associations. He asked
about dividing neighborhood associations like they do in other cities. He asked who sets the boundaries
of a neighborhood association.
Cr.Cunningham asked about the range of things happening in the 14 neighborhoods associations. He
asked about engagement of neighborhoods and the percentage of the population in associations. He
asked about advantages to the city and commission in terms of dialogue with the neighborhood group.
DM Mehl asked for the top two or three things the existing neighborhoods groups most appreciate. He
asked about push notifications. He talked about his concern over neighborhoods taking policy positions.
Mayor Andrus asked about capacity for expanding the program for representation in the whole
community.
Cr. Krauss talked about the study he conducted in the past and some of the things he would think about
when organizing neighborhood associations.
3. 06:49:09 PM (00:50:03) 2018 Comparative Municipal Tax Review(Wallner)., a
06:49:43 PM (00:50:37) Presentation
Michael Wallner(Economic Research Specialist with TechLink)and Greta Linse (Professor of Statistics at
Montana State University) conducted a comparative municipal tax review for Bozeman. Mr.Wallner
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Bozeman City Commission Meeting Minutes,February 25,2019
talked about major findings, purpose, methodology, data analysis, comparative analysis and policy
implications.
07:07:23 PM (01:08:17)Questions
Mayor Andrus asked about various taxes in municipalities and whether they are strictly municipal or
state imposed. She asked for a clarification of tourist travel relevant to the number of tourist's first visit
to Montana.
DM Mehl expressed appreciation for these citizen volunteers, Mr.Wallner and Ms. Linse,going out of
their way to provide data. He asked when the data will be released. He asked about the proportion of
major revenue sources.
Cr. Pomeroy asked for more details about the purpose of this study.She asked how many comparative
cities have colleges. She asked about Bozeman's high impact fees and whether it affects affordable
housing.She asked about revenue and if it includes college students. She asked about taxing on e-
cigarettes.
Cr. Krauss asked about the higher SID revenue per capita, higher property taxes, and a local option sales
tax in Whitefish compared to Bozeman. He asked whether the per capita taxes were attenuated in any
way. He asked whether any cities directly tax liquor.
Cr. Cunningham asked if cities are using SIDs for new growth areas. He asked about growth trajectory
being the same or similar across the board. He asked if there were any special projects in cities that
would create a bubble of taxation to throw off the data.
Cr. Krauss asked if Mr.Wallner talked to communities with large SIDs about their purpose behind special
revenue districts. He asked about franchise fees in Montana.
Cr. Pomeroy asked whether city income revenue would increase if impact fees were lower and SIDs
were increased.
07:37:25 PM (01:38:19) Recess
Mayor Andrus called the commission into recess until 7:45 PM.
07:45:23 PM (01:46:17) Call to Order
Mayor Andrus called the meeting back to order.
I. 07:45:27 PM (01:46:21)Action Items
1. 07:45:28 PM (01:46:22) Resolution 5003, Creating a Payback District for South 11th Avenue
from Campus Boulevard to Graf Street(Murray) a
07:45:42 PM (01:46:36)Staff Presentation
City Engineer Bob Murray presented a map of the Payback District and explained the tracts included. He
talked about cost methodologies. He notified both property owners in proposed district and has not
received any comments or questions.
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Bozeman City Commission Meeting Minutes,February 25,2019
07:49:58 PM (01:50:52) Questions of Staff
Cr. Pomeroy asked for more details behind the payment method.
DM Mehl asked if we are looking to recover$1.8M before inflation.
Mayor Andrus asked for confirmation that normally the payback districts work well in this case because
the land is not yet developed.
07:51:47 PM (01:52:41) Cordell Pool, Public Comment
Mr.Pool is representing his client who is the owner of the South University District property,and reported
that the owner is in support of it.
07:52:10 PM (01:53:04)Motion to adopt Resolution 5003, Creating a Payback District for South 11th
Avenue from Campus Boulevard to Graf Street.
Commissioner- I-Ho PomeroV: Motion
Deputy Mayor-Chris Mehl: 2nd
07:52:27 PM (01:53:21) Discussion
Cr. Pomeroy thinks this makes sense and will support the motion.
DM Mehl will also support it, as this is a system we've used before and seems appropriate.
Cr.Cunningham noted this project is of benefit to the community in various ways and will be a benefit to
the property owner when the time comes.
Cr. Krauss would be more comfortable if landowners showed up and made comments. He agrees it
benefits the people of the city as a whole.
Mayor Andrus will support it and appreciates the work that's been done ahead of time.
07:55:29 PM (01:56:23) Vote on the Motion to adopt Resolution 5003, Creating a Payback District for
South 11th Avenue from Campus Boulevard to Graf Street. The motion passed 5-0.
Commissioner- I-Ho PomeroV: Motion
Deputy Mayor-Chris Mehl: 2nd
Mayor-CVnthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho PomeroV:Approve
Commissioner-TerrV Cunningham: Approve
2. 07:55:39 PM (01:56:33) Discussion and Direction Regarding Preparing the Future Land Use
Map for the Growth Policy(Bozeman Community Plan) Update (Rogers), !
07:55:50 PM (01:56:44)Staff Presentation
Senior Planner Tom Rogers explained the purpose of the discussion,which is to obtain direction from
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Bozeman City Commission Meeting Minutes,February 25,2019
the commission on four questions identified by Community Development during their preparation and
update of the Community Plan. He pointed out they are beginning to review the future land use map for
the growth policy. He presented the current and proposed land use boundary map. He talked about the
four boundary maps including the integration of the Rae Water and Sewer District, present rural,
suburban residential, and mixed use designations. Mr. Rogers presented each map individually, and the
commission provided feedback on a number of alternatives as suggested by Community Development
and the Planning Board and Zoning Commission.
08:00:30 PM (02:01:24) Rae Water and Sewer District
Mr. Rogers described the location,which is at the south side of Huffine Lane and the city's western most
part of the planning area. He discussed alternatives for planning boundaries.
08:02:54 PM (02:03:48) Questions of Staff
DM Mehl asked about the least cost for connection when Rae fails to have it all within the boundaries in
total. He asked about less confusion overall if the area isn't split.
Cr.Cunningham asked about the service area. He asked if there are plans to continue expanding to the
west.
Mayor Andrus asked about requirements of the district whether or not they are included in the
boundary.
Cr. Krauss asked if the Rae Sewer and Water Board was asked about their thoughts.
DM Mehl commented the Planning Coordinating Committee met with the Rae staff, and this was
mentioned to them.
08:07:40 PM (02:08:34) Direction from Commission
DM Mehl announced he voted in favor of the inclusion of the district in the planning boundaries as a
member of the Planning Board.
Cr. Krauss indicated his answer to the question of including the district in the planning boundaries is no.
Cr. Pomeroy would like to include the district in the planning area.
Mayor Andrus is in favor of including the entire Rae service area within the planning boundaries.
Cr. Cunningham hopes the way the district would be included would involve meetings with folks to
alleviate concerns of forward planning.
08:11:08 PM (02:12:02) Public Comment
There was no public comment.
08:11:31 PM (02:12:25) Present Rural Designation
Mr. Rogers presented a map of the designation,which contains areas that are currently beyond the city's
design service area for water and sewer.He stated that planning staff created three suggested alternatives
for action,and the commission is welcome to consider them or come up with a different alternative.
08:13:54 PM (02:14:48)Questions of Staff
Mayor Andrus asked Mr. Rogers to reiterate the Planning Board's suggestion.
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Bozeman City Commission Meeting Minutes,February 25,2019
Cr.Cunningham asked about the terminology of present rural and future land use designation relative to
intended future use.He asked about doing awaywith present rural as a designation and whatthe outcome
would look like. He asked about conservation as it relates to commercial or residential designations. He
asked about timing of addressing the strategic plan relative to annexation.
DM Mehl asked for clarity on the Planning Board's recommendation relative to present rural. He asked
about the direction of growth relative to upward and outward as well. He asked if there would be fewer
growth policy amendments in the future.
Cr. Krauss asked what the argument is against saying we've already planned for utilities to go this far and
stating the use. He asked about the advantage to the city. He asked about alternatives for the land owner.
He asked if we will be reaching out the property owners in the future as part of this plan.
Cr. Pomeroy asked about the choice to annex and what the steps are if someone chooses to do so.
Mayor Andrus asked if the purpose of this is to provide some predictability as we grow.
08:44:11 PM (02:45:05) Public Comment
There was no public comment.
08:44:22 PM (02:45:16) Direction from Commission
DM Mehl supports Alternative 3 and provided some background from the Planning Board meeting.
Cr. Cunningham talked about the importance of predictability and sending signals of the direction of
growth. He is in support of Alternative 3.
Cr. Krauss talked about protection of landowner and property rights. He believes in predictability and
intent for future action.
Cr. Pomeroy supports Alternative 3.
Mayor Andrus supports Alternative 3 as well.She talked about the definition of present rural and thinking
about it in more of a futuristic way gives more predictability.
08:56:03 PM (02:56:57)Suburban Residential Designation
Mr. Rogers explained the areas of this particular map,which are areas outside of the city boundaries that
have developed as residential. He outlined the criteria in the current plan for these areas.
08:58:43 PM (02:59:37)Questions of Staff
Cr. Krauss asked for clarification on questions behind the definition of existing suburban residential areas
and applying suburban residential areas that do currently have that designation.
Cr. Pomeroy asked why or why not use the suburban residential designation for this area.
DM Mehl asked for clarification on Cr. Krauss'question relative to existing suburban residential and what
has happened since the draft of this map where other areas would have been included.
Cr. Cunningham asked if the urban definition overlay and suburban area that might become urbanized
mix at all.
09:10:32 PM (03:11:26) Public Comment
There was no public comment.
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Bozeman City Commission Meeting Minutes,February 25,2019
09:10:42 PM (03:11:36) Direction from Commission
Cr. Krauss stated his answer is no to the question of whether the suburban residential designation should
be used again.
DM Mehl thinks the designation should be used again because there are facts on the ground. He thinks
it's a fair recognition of where we will go in the future.
Mayor Andrus stated it can be confusing as to what exactly suburban residential means.She is in between
no and Alternative 3.
Cr.Cunningham stated if development has occurred with a specific vision in mind,some honoring of that
is useful. He not a fan of using the designation in the future.
Cr. Pomeroy stated she is struggling and cannot give direction on this designation.
09:14:35 PM (03:15:29)Staff Clarification
Mayor Andrus asked Mr. Rogers to reiterate what he thought he heard from the commission. Mr. Rogers
explained his understanding of the discussion,and that there should be some specific and limited criteria
applied in order to move forward,which would be brought back before the commission.
09:15:56 PM (03:16:50) Business Park Mixed Use Designation
Mr. Rogers presented the business park mixed use designation map, which outlines areas that are all
within the city boundaries. He is asking for the commission's thoughts on this type of a designation.
09:18:15 PM (03:19:09)Questions of Staff
Mayor Andrus asked how many times since we have changed the underlying growth policy because of
something else someone wanted to do or if that has been done.
DM Mehl indicated there has not been a growth map amendment using the business park designation,at
least in the last five years.
09:19:50 PM (03:20:44) Public Comment
There was no public comment.
09:19:58 PM (03:20:52) Direction from Commission
Cr. Krauss thinks we have moved away from that designation. He talked about mixed use designations
and how they are preferable.
DM Mehl agrees with Cr. Krauss. He stated the Planning Board voted unanimously for Alternative 3 but
that 2 or 3 would have the same impact if done by staff.
Cr.Cunningham thinks we are finding a migration toward B21M and other designations. He would choose
Alternative 3.
Mayor Andrus agrees with Alternative 3.
Consider the motion:No motion is required.Advertised as an action item so the Commission may provide
direction as needed.
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Bozeman City Commission Meeting Minutes,February 25,2019
3. 09:22:10 PM (03:23:04)Appointment to the City Planning Board (Sweeney) , a
09:22:16 PM (03:23:10) Public Comment
There was no public comment.
09:22:25 PM (03:23:19)Motion to confirm the Gallatin County Commission Appointment of Jerry Pape
to the City Planning Board with a term ending January 31,2021.
Deputy Mayor-Chris Mehl: Motion
Commissioner- 1-Ho Pomeroy: 2nd
09:22:36 PM (03:23:30) Vote on the Motion to confirm the Gallatin County Commission Appointment
of Jerry Pape to the City Planning Board with a term ending January 31,2021. The motion passed 5-0.
DeputV Mayor-Chris Mehl: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor-Cynthia Andrus:Approve
DeputV Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham: Approve
4. 09:22:49 PM (03:23:43)Appointment(s)to the Midtown Urban Renewal Board (MURB)
(Sweeney) 4�
09:22:52 PM (03:23:46) Public Comment
There was no public comment.
09:23:00 PM (03:23:54)Motion to appoint Jonathan Owens to the non-voting member appointed by
the City Commission position, with a term ending January 31,2023.
Commissioner-Terry Cunningham: Motion
Commissioner-Jeff Krauss: 2nd
09:23:32 PM (03:24:26) Vote on the Motion to appoint Jonathan Owens to the non-voting member
appointed by the City Commission position, with a term ending January 31,2023. The motion passed
5-0.
Commissioner-Terry Cunningham: Motion
Commissioner-Jeff Krauss: 2nd
Mayor-Cynthia Andrus:Approve
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Bozeman City Commission Meeting Minutes,February 25,2019
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham:Approve
09:23:41 PM (03:24:35)Motion to appoint Nolan Campbell to the voting member appointed by the
Mayor position, with a term ending January 31,2023.
Commissioner-Terry Cunningham: Motion
Deputy Mayor-Chris Mehl: 2nd
09:23:57 PM (03:24:51) Point of Order
Cr. Krauss asked Mayor Andrus if she is appointing Mr. Campbell. Mayor Andrus confirmed she is
deferring to Cr. Cunningham as the commission liaison to the Midtown Urban Renewal Board and that
Mr. Campbell is who she would appoint to the voting position.
09:24:14 PM (03:25:08) Vote on the Motion to appoint Nolan Campbell to the voting member
appointed by the Mayor position, with a term ending January 31,2023. 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
J. 09:25:14 PM (03:26:08) FYI/Discussion
• CM Surratt confirmed she is adding the 600 ft. alcohol rule to Column B to the Strategic Plan and
providing the commission with a schedule of bringing it back for consideration.
• CM Surratt noted that any specific items for the ethics training on March 6ch the commission
would like to incorporate,they can e-mail the staff.
K. 09:26:22 PM (03:27:16)Adjournment
Mayor Andrus adjourned the meeting at 9:26 PM.
Chris Mehl
Deputy Mayor
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Bozeman City Commission Meeting Minutes,February 25,2019
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